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CC 05-18-61 321 p, O. Box 597 AL 2'-4505 C 1: T yo 0 F C u·p E R l' I N 0 CUPERtfNQ,CALIFOrtÑÏA MINUTES OF THE ADJOURNED REGULAR MEETING OF TRE CITY COUNCIL - MAY 18, 1961 Place: Time: 10321 So. Saratoga~Sunnyvale Road 7: 30 P,M. SALUTE .TO THE FLAG :r Benetti, Jewett, Pelosi, Saich Lazaneo (Councllman Eenetti presiding) City Manager, City Attorney, City Engineer, City Clerl~ III The 2 remaining planning consultant applicants were scheduled for in- terview on May 22 with May 25 as the alternate date, II ROLL CALL Councilmen Present: Councilmen Absent: Staff Present: IV Standard specifications were referred to a study seSS1Qn. V Planning Commission PrQcedure Changes. The Planning Commiseion Chairman submitted the prOposed procedure for Planning Commission applicants to the Council, lncluding H Control ~ommittee action prior to the scheduled hearings before the Commission, He also referred to the list now In use with the addition of 6 items under the heading of sketches, elevations, plans, ete, He asked the City Council for their reaction to the changé suggested by the sub- committee and/or the use of landscaping, plans, building placement, etc. as an addition to the existlng list. Councllman Jewett asked the City Attorney whether the City can require plans from applicants, The Commission Chairman stated that submission of pla!1s beforeha.nd will save the applicant 2 weeks time and also fur- nish the Commission with info~mationwhtch could aid them in voting on p~oposed land uses, Councilman Pelosi said that the City has had expe~ience with, applicants changing plans anœ the conclusion has been that the Clty cannot pro- hibit a use permitted by ordinance once that ordinance has been· enact- ed, Therefore, he said, 6rdinance 160 was enacted revising the~ormer ordinance and ðrdinance' 002F was enacted. Councilman Jewett $aid. that the City can reject the zoning proposed and if .the applicant wishes to appeal or persue the matter fu:rther he can go to the expense of sUbmitting plans and speCifications. The City Attorney stated that the applications could be divldéd into 2 classes. One he defined as an immediate user and developer of the zoning and the other would be the applicant who has no immediate plans ~or changing the land use. He said that it would be pointless to re- quire applicants to submit plans and specifications who state they have no immediate plans 'for developing the property, nor even in the near future. He reviewed the legal and administrative means for se- cur~ng changes in plans or conditioning rezonings by use of the ordi~ nance power, Councilman Pelosi said that appllcants in the past have submitted sketches, architectural renderings and pictures of proposed construc-' tion projects, However, there:ts nothing to compel the applicant to build exactly as' pictured. He may build something entirely different so long as it falls within the limits of the ord¡nance WhlCh is qUlte broad. He is not even obliged to build anything and as a matter of fact may sell the property. The City Attorney agreed that the City must allovl those use's permitted by the terms of the zoning ordinance, t!1at is, those uses classified by the Cupertino Ordinance as C-I-H, M~l-H, etc. An exception to this would occur if the City invoked its police power so as to protect the public health, peace, safety, morels, welfare, etc, Therefore, he said, the usual ,aêena: of achieving the will of the Council rests with its persuavise powers becaœ e the applicaÐt enjoys no inherent right to a rezoning. Yfhe wishes the rezone he is more or less obliged to satisfy the Council. -1- 322 ~ ~ e Ire< Oouncilman Jevlett said that the City is not bound to sit idly by if ~ the applicant does not seem to produce as expected, He suggested that the building permit can be w~thheld if the architectural features do nO meet wlth the approval of the H Control Committee. The City Attorney advised that architectural control is a somewhat vague power and that nei~her ordinances nor courts have determined the exact limits of this control, He said it is difficult to predict whether the exercise of the H Control could result in withholding a bu:j.lding permit, Councilman Jewett suggested that the phrase "if applicant plans devel- opement" be placed as a preface to the requirement of plans, sketches, ets. Councllman Pelosi reiterated that it has been proven for years that the prospective builder can malce changes and in effect JDuild what he chooseq wlthln certaln broad limits, Chairman of the Planning Commission said that his purpose is to provide a clear cut path for everyone to follow and that he wants the appllcant to know the requirements. The discussion concluded with the question posed by Councilman Saich as to whether the City can require the payment of storm drain fees at the time of rezoning rather than immediately prior to actual construc- tion. VI Resolution rr7: Endorsing AB 2048 Relating To Establlshing County Highways Within Cities And Requesting The State Legislature And The Governor Of The Staté of California To Enact Said Bill Into Law. The Resolutlon was rescheduled for the next regular meeting of the City Council on June 5, 1961, Councilman Saich moved that the City Manager invite the County Counsel to the regular meeting of the Cupertino City Council June 5 in order to explain the County position wlth regard to Assembly Bill 2048; Sec- onded by Councilman Pelosi. AYES: Councilmen: Benetti, Jewett, Pelosi, Saich NAYS: Councilmen: None ABSENT: Councilmen: Laczaneo MOTIQN CARRIED: 4-0 VII Moved by COlli1cilman Pelosi that the meeting be adjourned to 7:30 P,M. May 22; Seconded by Councilman Saich, Motion and second withdrawn. VIII Lots 11 & llA, Monta Vista Parle, Scenic Blvd. The Clty Engineer referred to Ordinance 47 which requires standard City improvements on virtually all lots being developed, Lots 11 and llA are situated on a steep incline and surrounded by unimproved prop- erty, i.e. without curbs, gutters, sidewalks, The City Engineer ad- vised the Council that it seems impractical to have Scenic Blvd, im- proved at this tim~, However, he suggested that the storm drain fee be deposited and the City be guaranteed that the street will be im- proved to City standards at such time as the street as a whole is im- proved. The City Attorney advised that site approval can be made upon any conditions deemed suitable by the City Engineer, Councilman Pelosi sugges13ed a letted from the builder agreeing to comply v¡ith C1ty public improvement standards in the future. Moved by Councilman Pelosi that the building permit be approved subðect to the 2 conditions advised by theCity Engineer, namely:. the depsoit with the City of the proper storm drainage fee plus a letter by the owner (s) agreeing to dedicate and improve in the future in accordance with standard City requirements; Seconded by Councilman Saich. AYES: Councilmen: Benettl, Jewett, Pelosi, Saich NAYS: Councilmen: None ABSENT: Councilmen: Lazaneo MOTION CARRIED: 4-0 Preceding the vote on the above motion discussion developed concernng the advisability of accepting dedication of the unimproved portion at this time or waiting for the proper curbs, gutters, etc, before accept- ing the deed to the right-of-way. Ths consensus was to accept the ded- -2- 323 ication after the improvements have been installed. IX Councilman Pelosi asked for a place for unfinished business on the agendas of adjourned regular meetings. X Relative to the acquisition of the Highway 9 ROW the City Engineer said , that he was asked to prepare precise plans on such dedications 2 or 3 weeks ago. He advised the Council that this report will be ready by June 5, k~ter discussion he agreed that the report could be furnished the Clty Council members by May 25. Moved by Councilman Pelosi that the meeting be adjourned to a personnel session after a 5 minute recess; Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Pelosi, Saich NAYS: Councilmen: None ABSENT: Councilmen: Lazaneo MOTION CARRIED: 4-0 Meeting adjourned at 9:50 P,M, XI The meetinß was later adjourned (after personnel session) to an ad- journed regular meeting May 22 at 7:30 P,M. APPROVED: /s/ Nick J, Lazaneo Mayor, City of Cupertino ATTEST: ! ( \ (1 / ,,~'ì:"-·-C.i~ _i(:..<';' It, -I" 1'\ \l.......... .,\ "_,~~~_.-",-, City Clerk '"'30:. _._---------~.._-_.__._--------_.__.._--_.._----------