CC 02-26-64
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CITY OF CUPERTINO
~~er~lno C811lcrn18
.w (h~ OF TIlE ADJUUMßD RBlULA:t MEETING OF .Æ CITY COUNCIL -
PEBRUARY 26, 196/1
Benetti, Finch, Saieh, Jewett
Dempater
City Clerk, City JIIns¡;er,City
Bng1neer, City Attorney
IIIJor :_tt reed . letter received rro.. Vllse:v, Ball. Blair
in1'01'll1ng tile Council tb8t JIIr. George Gatter ..a 110" lena .s_18 tad
with tile 1'11'1111J1d~'''. A. JIa,.on! ScItIIoiI1'e14" now 1n cllel'8e
of the project. "- *1'orthen tumeð the _tina over to 1Ir.
SaJIeOnteld.
ROLL CALL: CounclllDen Present:
Councilmen Absent:
Staff Present:
1Ir. Scbeonte14 aœte4 tJíat tllJ1a, -'" ..a a guide tor the Plan-
ning C~saion IIId the City cOÍJIIcll 1ri the~1' dec1Bions on son1n8
requests. 'l'IIat It ..II cmly a guide aid not, a sotIins _po 'l'IIat the
d1f'f'erence betwen the t1ro ..s tbat thia ..II a General Plan which
took Into consideration land use, I.e., resident1al. high, IIIIdlWD,
low density, cOlllllerclal, light. industrial, parks, schools, etc., and
a Zoning aep would be more npec11'lc and be prepared In conjuøct1on
with a Zoning Ordinance. He wished to stress the point that this
was s Ger>eral Plan snd therefore . guide to the recolllllending and
governin~ bodies of the City ~f Cupertino.
Mr. Scheonfeld expla1ned that there were various types 01'
zonine. indicated on the map and remarkec\ that the denaity would not
be ss high in any part of the City as may be found in San Jose or
larger cities. He atated that they had made sllo,..nces for park-
school sltes. That it was accepted that a neighborhood park should
be located ne~t to a school. because If they are placed away from
a school lt would be ur~ecesoary duplication of fscilities. Mr.
Scheonfeld went into detail about the different denaities startlng
at ;he ver)' low, 0.1, famill>s to the net acr". to 10.1 and 12.2
families to the net acre. He further explained that there may be
in existanca at the present time contradictlons to the map as far
as densltles are concerned. Here agaln, he stressed, that the
planners were recommending tha t theRe figures were based on the
best for a given commur.ity at thiS tlme. The future could change
this picture and undoubtedly would. However, the densities quoted
would be a guide that anyone community where they were recommended
should not e~ceed the l'i~res recommended.
Mayor Jewett asked If anyone in the sudience had any questi~ns.
Mr. Robert Shean. 20618 Shelly Drive if a good portion of thlS map
was not ln the City of San Jose. Mr. Scheonfeld stated that thia is
quite true. That a planning area had to be mepped out to encompasa
~arts of tha surrounding citiea for the reason that to zone the City
of Cupertlno exclusively or plan the City exclusively might, in
portions where lt adjoins surrounding citiea, conflict wlth the
other cities' development, csuslng a hodgepodge of developlDent. That
thia plan had taken into consideration Master Plans of other citiea
that are adjacent to the City of Cupertino.
Mr. Ed Call. Cali Brothera, Stevena Creek & Highway 9,
CUpertino asked what would happen to property that is alresdy zoned
in the City snd, scconUn@: to this _p, was not indicated ss t'Jlvlng
thiS zoning? Would t;. prop~rty owner be denied this zoning because
the General Plan did not take it into consideration? Mr. Scheonteld
8tated. that the Council 88 a practical ..tter, with any Justice,
could not change the zoning to meke certain area. conform. If the
property in question i. a large area. perhap8 the plan should be
..nded to take thi. Into consideration.
Mayor Jewett qaeetloned the usa of Red Dots on tha map and
recalled that ear11el' IIur1n& the prepa...t1on of the general plan. the
Council had requeatad that the red dot. be N80ved. It.... axplBined
thet thesa dot. indica~e4 co_re18l land usa and to ....lIOve the..
_14 be to rellOva all)' planned c_real land uae. That a _p could
not be a"opted axo11J1ÜJ1S tbi. typa of zoning, becausa it 1IOuld be
incOllPlata. 'ftIa~ tJIaiIe dota indicate the be.t use 01' tha land and
the be.t location f'or a _reid, 'l'IIa~ Ulay are. ba.ed on the area.
1n which tbaJ .ppear .. hI' .. ..nica 1. _amad. 1.a... lal'[e
,_ would natul'al17 .... . larsal' e~ "elO llaDt to .ervice
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its needa, where a" alllllll reB1dential co=-mity. Tor inatance, would
probably only nee<! _11 cOtlllllercis1 developments, like a ~rocery store
or buber .hop, to aupply its need.. 'l'hat it will be up to the Coun-
cil to d.cide Vben each individual app11cat10n i. preeented to the_.
whetJ>er the de".~t proposed will be cOlllpBt1ble with the aurround-
1ng .reas. '1'h1a _p i. not intended to be epec1f1c. Even a* f.r ..
the red dot. are coacemed, they are located in a general are. and
could be IIOved e1t!1er way, it the Council 80 de.ired. Mr. Scheonf.e,14
agllin repeated ·tœt thi. ia a Comprebelllliv. Land V.. IIIp .nd 1t
nec:....rlly _t .1110'...... all type. ot aon1n& 01' land u..., bot thet it
1. not 1p801t1caUl: ~1DI OIIt ~ _ p111'Oe1 of land, 1t _rely
del1_teI .~, iIIIobu1dlo1. n.1gbbol'lloodl w1lo1. d1.tricta, .to.
, "C-1.\Ø'ìtIl·' ' '., ,,,,tedtbat tour oo~. he.a1~ been a
01 r I.' ......' " âòM.. ..,·JlQt 8fP4Iar to, ~ .,.".. 'del1&Mtild on tþt
.-p. Ie went ." .... ~~t tÞaN ~ ,1!efD tOl!l' 41ft.rent lllannarl
111 CD tJI1II Dlan . " ,.Y14l11t1y w.. _I'¥ Or tM oo_re1.U 1a~
11M' at tile JltDaIr 4~· lllat 0110.. to 19nol'll ita .xllteno." Ie w18hed
to.. _,~_.qot tJ_ 1IIto cODll1~tion 4IIr1n& tbe prepll'll-
t1òn ct· .tII1.p!Jn. ,-IIr. SoIlolllt.14 atated that the 1nt~nt ,ot .bowing
tbe·1'II4 dota ..~ to SíllUoate WMI'II the co -Tl~141 area. .hou14 be.
'file 011:7 _t braoe.tJIit 41f't8l'8nce between whet i. eu.Ungend what
1. pl'DP088d.rzo- the ataildpoint of urnoe, the.e co_rel4l
d"1&DItions are plllced wile" co_rel4l development ought to be.
If 1t can be .-4. to go along witb what ill 1n exi.tance today. f1ne.
Councilman Seich then ssked when it comes to final execut10n
01' thi. whole Oðnera1 Plan end the zon1ng ordinance 18 drafted and
the ord1nance st1ckll to the master plan, an: commercial not shown
on·the·msp is out the door.
Counc11man Finch stated that he concurs with Mr. Scheonfeld.
that this ie a Genera 1 Plan ma ¡>. At the time a zoning map 18 pre-
pared then it is up to the C1ty to make a dec1s10n as to where
specific t)~es of zoning are to be pla~ed on the map. That as far
as he could see. there were no metes and bounds set forth in th18
map, it was merely a ~eneral la"out cf the planning area.
Counc11men Benetti asked the C1ty Attorney which took prece-
dence. the General Plan Map or the Zoning Map _ The answer was the
Zoning Map took precedence over the General Plan Map becsuse the
General Plan is usually adopted b~ Resolut10n snd the Zoning r4ap is
enacted b7 01'l1inance snd becomes a part of the Laws of the City.
Counc11man Benett1 stated tha~ he did not w1sh to be rude to
the representative from W11sey. Ham and Blair. but he felt that the
plan as submitted b) Mr. Scheonfeld's firm was fourteen pages of
tripe. That it wss so feneral that the only th1n~ they d1d not SS)'
was that the C1ty 01' CUpert1no was 1n favor of motherhood. He further
.tated tha~ it was obvious that Mr. Scheonfeld wss not fsm111ar w1th
the srea b)' resson of the fsct that he could not answer some of the
qusstions that had been asked this even1ng. On the other hand. he
thought that the City had gons slong without a General Plan for much
too lenGthy a period. That it 1S needed and that this, at lesst, is
a beg1nn1D£. He feel. that the City must have a tool to worK with
in order to develop 1n the best poss1ble way.
Counc11..n Benett1 asked the City Attorney to repeat the
original reasoning beh1nd the sdoption of a General Plan for the
Cit¡. The City Attorney .tsted that there were two bade ressons:
One, ...s to protect the C1ty of CUpertino. The other was to locate
the .tors drainage syste.. The reference to the protect10n or the
C1t)' .... in rega1'l1 to t~ achools, That thi. would give the Cit¡
a talking po1nt wlth the School Boa1'l1 with rega1'l1 to the location of'
.0Iloo1.. :.
Ma)'or Jewett co~red thia 'Gene1'8l rlan wlththe Def\8J'Ø.l Plan
that had been presented eo_ years ago. He re..rked that had tbat
plan been adopted,' wblt with .nnual ...naeent. to it, it ..)' very well
look exactly like the plan that wa. preaented tonight. He also ade
I'IItel'llnce to the dif'l'lftDOe in cost.
111'. as cau, or cali Bn>tbora, atated that he w1.hed t.:.e re-
coni to Ihow that 1ft HNo)t or the cali intere.t., they were oPPO-..s
to. the Deneral Plan 11811__ it (10.. not recogl11ß exUting zoning
PIS th1. Jeopardize. ~ IXUt1Dg zon1nl:.
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Mr. Jolin Rodr1gue., '.1'own & Country Realty, Cupertino, 811ked
it the area study and poP·.üat1on t1gures had been calculated matheae-
tieally. He stated that he could not see from the amount of unde-
veloped land that there would be enough to take Cllre of' 180,000
people as estimated.
Mr. Scbeonf'eld stated that With the present denait)' reÌ!ltric-
tioaa thi. 1s true. however, heteels th;;.t as tiiDc goell ,on aDd the
øeecIa are 1ncreaaed the dena1ty w111 slide upwardll becauae of the land
~ in the'area. . - - , .
lIa:vor Jewett asked ~ ~bere were anyott!er queanOM traa the
·~"eDC.·. . ,. .
Mr. J~ Bmt, -1585 K1rw1n Lalie. asked wbat ~11 ..~ .#h
_ e'-.;a or the pub11Cf·beai'SIIS. ' *:VOl' Jewett up'."- tbetl tile d18-
_1oftfl'Oll the floor wa1d -be closed, tlat the. CoaDOiL coald tbeD
__'f'uribilll' d1aeWlf10n, w. poatpone a dec1.ion, qr wh. IÞ'. amt
~'uJred1f the pôpuJatiOD tipre took in the w1lo1. "'......."6 ana.
'!IJe _eras 18s.
Mr. Ze1den, P. O. Bo& 215. asked why there .an't a repre.enta-
tift of the PlaDn1ne. Co.a1111110n at this meeting to help, anll1iler so-
of' the queot1ons. S1nce the PlaMing CollllD1ssion had worked w1th this
Plan from 1ts incept10n, be teU that they could be ver7 helpf'ul in
supplying snswers as to .117 certain areas were ind1cated on the aap
all commercial, high density, etc.
The City Attorney atated tll8t the Planning CO...18.:1ion had worked
ver,- hard on this General Plan, but in following the State Planning
Act to the letter. the Planning Collllll1ssion's work was tinished. Now
it was up to the City Counc11 to accept or not accept the General,
Plan.
Moved by Councl1man l'1nch that the Public Hearing be closed.
Seconded by Councilman Ber.etti.
AYES: Council:oen:
NOES: Councilmen:
ABSJIH'l': Councilmen:
Benetti, P1nch, Saleh, Jewett
None
Dempster
MOTION CARRIED: 4-0
Councilman Saich stated that he felt the decision on the
General Plan should be post;>oned until there was a full Council.
Be stated further that on so... zoning questions that had co... bel'ore
this body. they had postponed tor a full Council. and he feels that
thiS decision 1s no less i~ortsnt.
Council...n Finch stated that he felt tr.e facts had been stated
that if there i8 some point of contention, personally. he does not
see what they are going to do unless 1t is a plan to please Just the
Council, He stated that he is not a planner and doea not feel that
he could sit and tear the plan apart. He is prepared to vote.
The City Attorney ,-tated that the zoning ordinance and ma"
had not been submitted to e1tbP: the Planning CollllD1as10n or the
Cowlc11 as yet. That as l'ar as he could see this _s Just what it
represented, a General Plan giv1ng a Euide for land use.
Councilœn Benetti atated that s1nce the City Council needs a
toOl to work with and since this is a Gencral P Ian and n<>t necessarily
&n7thing that is g01ng to tie property down in tOlin, that he would
-.;)ve that the City Councl1 adopt the General Plan aa ~resented by
the 1'1rm ot \/ilsey, Ham and Blair per the Planning CollllD1sa10n Reso-
lution No~ 183. Seconded by Councl1lDBn Pinch.
The City Attorney atated that he had prepared Reaolution No.
906 which incorporated the Planning Conm18810n's reaolution in it.
'!IJe City Attorney read Reaol.ation No. 906. Mayor Jewett requested
the City Clerk to read the recommended modifications 01' the Planning
eo..1ssion as they appeared in Resolution 183.
Mayor Jewett queat10Ded Item d. which specil"ically named a
pl_ of' property, na_ly the O8&1ia88o property. Mr. Scheonf'EIld
~"1neð tba~ th.ta 3' __ lad been 1ncluded in a 1i8ht industrial
.... and it aJIDu14 baft '-- II!IDwn in a 1led1.. .s-U;r ana.
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!bere was also a question raiSed rega~lng Item b. wil1ch stated
tbat t:be densities should not be changed. Tt:¿ City Attorney stated
tbrt& a. interpretat10n or thla l:;eM was mere.j· thait the Planning
C - ......_ did no: reco.....nd :;bat; t;he dens1t:as be 1ncreased. at this
ttu. ~ that at nome t'uture ~'--> when ni!casslty warranted 1t, they
coaJd be amended.
"-'T~""''''
~ mot10n was then a_ad to lndicste that Reaolœion Ifo.
906 .. 8dopted.
A-= Councilmen:
=at .i'o" ~ ~llalen:
_ _" I1md:
ç' .
'Ca1aaBD: 3-1
'::,!;
'... Clt7 aaaaer sta1*l ~ there bad been a r"qv t troll
, .. aM Blair tb..... _. Scbeonre14 f'or aD ~ 0:
t be_ Wlll1l17, _. Blair aM tbe State. !!at thIIy
tor 90 days 1n 1Ih1cIa to COIIP1ete tbe wol'k yet to lie 4_.
awed by Councilman ftDcJ1. seconded by Co1InCllan Benetti that
tlWt .....lIt be referred to tbe Planning ColD1ssion to ... 1Ibether
tZW;--' yet to be done can be COIIIPleted in this tl_ period.
Benettl, P1Dch.
Sa1ch
~ter
Jewett
A~
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COuncilmen: Benett1, P1Dch. saleh, Jewett
Councilmen: None
.Councl1man: Dempster
..otiôII CARRIED: 4-0
rho City !tinaßer intoraed t;he Council that the 12" line was
now ~ to be put to bid am requested approval from the City
COUDCi1 to call for bids on the ~nstallation of this line.
)loved by Councilman F'=~t., seconded b,' Counc11man Benetti that
the installatier> of the 12" l:.r.e extending from Mann Drive easterly
be ~ to bid.
ADIS: Counclloan:
NOBS: CouncU"",:::
ABS!!IIr:CouncUoa:::
Benetti, ~~ch, Saleh, Je~ett
None
Dempster
JIO'Dœ CARRIED: :¡-ù
Reet1ng ajJourned 10:2':. ? .Y..
APPROVED:
/s/
Verni! H. Jewett
Mayor
C~ ,-
City Cli!rk
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