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PC 10-25-65 . - V_ - . '�s .....w 10321 South Saratoga-Sunnyvale Road Cupertino, Ca3.ifornia, 95014 phone: 252 -�505 --------------- ---�--�- -------------------------------------- _ _ PC� �IS . - r � � � ' 80, 000 . �I � C I T Y 0 F C U P E R T I N 0 � California MINUTES OF THE:REGU�,AR MEETING OF THE PLANNING COMMISSION October 25, 1965 8:00 P.M, , The meeting was held in the Board Room, Cupertino Elementary School District Offi`ce, 10300 V1sta Drive, Cupertino I 9ALUTE TO THE FLAG II ROLL CALL; Minutes of the previous meeting, 9/27/65 Comm. present: Frolich (8:05) Hirshon, Johnson, Traeumer (8:05j, Gates Comm. absent: None � Staff present: Dir, of Public Works, Frank Finney Dir. of Planning, Adde La.urin As�istant Planner, James Nuzum , Recording Secretary, Sylvia Hinrichs Corrections to Minutes of September 27th as follows: Comm, Traeumer submitted written corrections: On page 6 for application 18-Z-65, last paragraph, to be corrected to read: "Comm. Traeumer added that now the C-1-H zoning has been den3ed he feels tha.t other members of the Commisslon indicated certain s m at ies or a -H zonin and s is exac 5. w a wa tin period snould e requ re , ns ea o wasting e Commission s ime. On page 10, application l�t-TM-65, a paragraph should t�e added as follows: "Comm. Traeumer desired to know the. ultimate number of units to be constructed on this and the ad�acent property. The ultimate purpose of this que.stion bein$ underground utility requirements in this subdivision, as well as all future developments within the City." �� Mov�d by Comm, Hirshon, seconded by Comm, Johnson, to �pprove the Minutes of the September 27th meeting as corrected. Motion carried, 3-0 -1- III ANNOUNCE�IENTS OF POSTPONEMENTS, ETC. 8- U-65 The Planning Director announced that Page Properties (application 8-U had filed an appeal of the Planning � Commission's decision in approving their application as a Cluster Development use in PC-H zoning, to the City Council. Pa.ge Properties has decided to file a formal appeal, with Public Hearings advertised, for the Council meeting of November lst, and possibly postponing it to the November 15th meeting. IV WRITTEN COMMUNICATIONS 81,005 A, A communication from the Santa CZ�r�,, �ounty Planning Department, referrin� to an application to re�one 1 acre to C-2 at the southwest corner of McCle��an and Ste3ling Road, to be heard at their meeting of November 3rd. MINUTE ORDER: Moved by Comm. Traeumer, seconded by Comm.. Johnson, to direct the staff to write the County Planning Commission, advising them that the Cupertino Planning Commission is , strongly opposed to this rezoning because C-2 zoning ad�aeent to R-1 and to the new DeAnza College would be incompatible. It was recommended that some alternative use be suggested to the County Planning Com- mission for this parcel. It was further moved that the staff recommend the City Council write to Foothill College, advis- � , ing them of Cupertino Planning Commission action on this proposed rezoning. Motion carried, 5-0 V VERBAL COMMUI�TICATIONS - A. It was announced that the Planning Department ha.s ob- tained the information that opening of �he new freeway connection (Route 85), from Ba.yshore Freeway via Stevens Freeway to Junipero Serra Freeway has been set for November 2�4th, with cerernonies beginnin� at 10:30 A.M. at the E1 Camino overpass, with a parade to Cupertino, then back to the Bayshore Freeway, and finishing with a luncheon at the Old Plantation Restaurant in Sunnyvale. Formal notices will be forthcoming to all City Officials by the Chamber of Commerce, who in con�unction with the Mountain View and Sunnyvale Chambers, are preparing for the official celebration. B. Comm. Johnson asked about the status of the temporary Vaxiance for the Pacheco Real Estate sign on Saratoga- Sunnyvale Road which had been granted at the last �'lanning Commission meeting for a three-week period. -2- • � ..�. ",�. The Assistant Planner advised the Commission that Mr. Pacheco had reduced the sign to the required size, and the Variance granted by the Commission -� had not been utilized. C. The Planning Director mentioned that copies had been distributed to the Commissioners of the Underground Utilities Ordinance from Carmel-by- the-Sea. VI HEARINGS SCHEDULID: 81,004.� A. CITY PLANNER: Ordinance establishin� standardize� � symbols on zoning maps and introducing zones for public buildings, quasi-public buildings and transportation. A minute order was passed by this Commission at their meeting of August 23rd, instructing the staff to refer the first dra�t of this Ordinance to a coordinating committee of three Planning Directors (Cupertino's being one of them), established by the Inter-City Council. �'he se�ond draft now pre- sented incorporates some minor changes suggested by the Committee. In discussion of zone designation, Comm. Hirshon - askefl whether the letter "B" relates to all f 'B" zones. The Planning Director said yes, and made a note to clarify this �.n the Ordinance. Moved by Comm. Traeumer, seconded by Comm. Johnson, that Public Hearings be closed. Motion carried, 5-0 Moved by Comm. Traeumer, seconded by Comm. Johnson, recommending the adoption by the City Council of Ordinance 220(f): Zoning Symbols. AYES: Comm. Frolich, Hirshon, Johnson, Traeumer, Gates NAYS; No�e Motion carried, 5-0 81,004 B. CITY PLANNER: Ordinance regulating heights of buildings and constructions. The Plannyng Director submitted a first draft of an Ordinance for regulating heights of buildings and other structures, including amateur radio trans- mission towers. I�e hoped the Commission would con- sider the First Hearing as a work session, and not make any decision. -3- The public and interested parties should be 3nvited to submit comments and amendments. A tabled appli- cation for a radio tower would not be dealt with until the Ordinance had been decided upon. Comm. Johnson asked whether there is any restriction peculiar to those properties that have underground utilities versus those that do not. Would it be advisable to have these restrictions? He suggested this point be studied by the Commission and the Staff, Chairman Gates asked for comments from the audience. Mr. Fitzgerald, 10�20 East Estates Drive: Suggested that to Section 68.1 "the part above the height limit.in Appendix A.consists of a single rod or tube wit�out guy wires" should be added, "and topped with a conventional antenna." M�. Ted LaPorta, 20129 Suisun Drive: In Section 68.1 � the stipulation that "...,.towers do not exceed a hei$ht of 70 ft., and constructed of inetal," precludes TV antennae because manufacturers' specifications require that above this point guy wires are installed at 40 ft., depending on the height of construction. This Section wipes out the proposal submitted on June 10, 1g65, by the amateur radio operators to the Planning Commission. Mr. Robinson, 11086 Linda Vista Drive: Does the ' Ordinance preclude an an�enna less than 70 ft. high? -� The Director of Publ.ic Works pointed out that the higher the sending antenna, the better it is - if it gets above the level of TV receiving antennae there is much less risk of in�erference. Basically, � F.C.C. regulates senders and interference control, City Ordinances regulate aesthetic aspects. De- finition of what con�titutes a mast is needed. Comm. Frolich said the proposed Ordinance would seem to eliminate the truss work towers. The Director of Public Works asked if there is a difference in the aesthetic qualities of truss work towers and single rods. Chairman Gates said that truss work towers would have to be sgecified in.this Ordinance. Mr. Keith Bowers, 11106 Linda Vista Drive: The basic ob�ections seem to be �o permanent structures about 60 ft. high. Ha.m operators could use less ob�ec- tionable retractable an.tennae. -�4 - ' •._. -.� - The Director of Public Works said re�ractable towers would be one solution to the height problem. Comm. � Johnson asked how the height requirement on re- tractable to�vers can be enforced. Chairman Gates remarked that ob�ections to amateur senders can possibly be minimized by a number of different solutions o�her than erectin� a 70 ft, tower, such as retractable antennae. Mr. Irwin, 11116 Linda Vista Drive: It seems that a structu�e going 50--?5 ft. in the air with a 30 ft. beam across the top is unsightly. The're is no regula'�ion in the Ordinance for the length of the crioss-beam. Mr� Baker, 11107 Linda Vista Drive: Agrees that � there should be some Iimitation of the horizontal beam and feel� the idea of a retracta'oYe antenna is good. Chairman G�tes pointed out that the horizon- tal configu�^ation of the beam should be specified in the Ordinance. Mr. Walter Wa�d, of Vallco Park, stated they have stu�d3.ed this Ordinance in relation to how it �,ffects the PC-H zone at Vallco Park, wtlich was gra.nted in August, 1963 In 1g6� a new Ordinance in buffering and height limitations was established. They would like to see any new Ordinance which res�ricts height limitation to take into consideration the �:1 height limitation as set forth in the 196� Ordinance. The Director of Planning noted that 1n Niodifications of Standards, Section 69, there are procedures that specify Variances. The Planning Department will. go over these with Mr. Ward to modify them, in order not to take away any concessions granted in the past.. Comm. Frolich felt that developers who have made plans for hei�ht sh�uld not be restricted to the whims of future Planning Commissions or Planning Departments with new members. The Planning Director agreed that a paragraph regulating previous con- cessions or non-conforming uses should be added. Mr. Irwin asked wha� height lim3.tations are being conside�►ed'fo'r apartm�nt buildings and developments in the hills. Chairman Gates answered that height limitations in the hills will be determined by possible rezoning. In a PC-H or Cluater Develop- ment, the height restriction would be a part of the Development Plan, or of Zonin� regulations for the allowed use. In a Cluster Development it would be better to have one common tower for TV and radio reception. -5- - .�.. ,..�. Mr. MacWard, 10�+58 Bonny Drive, stated he is a ham operator and is interested in this Ordinance. He said the self-supporting r.etractable antennae are generally �-5 times as expensive as other types, and they are larger in the root section to enable thern ta� ,stand self-supported. The cost is between � 1200-$1,�.00.'`'�h�� height would normally be about O�ft., man� would average from �40-50 ft., depend- ing on the inc�ividual antenna equipment, location, and particular bands each operator wanted to use. Mr. Robinson said he felt the 70 ft, height is too high; there are standing waves which even at that height may or may not be intercept�d. Location has much to do with the reception, and 70 ft. is not necessary. Since this is a hobby, is it worth antagonizing the entire neighborhood? Chairman Gates said on many occasions it would not be neces- sary or desirable to have a 70 ft.�antenna, but the Ordinance must consider a maximal l�imitation. Mr. Fitzgerald commented that the height of TV antennae has recently increased about 10 ft. because of color TV. As a hobby, it is the individual's privilege to spend money on a hobby, but it should also be considered tha.t there are also students who do not ha.ve th� money to spend but who wish to start ham operatirtg. Mr. Irwin .commented that there has been some mention of F.C.C. and its control of ham operators, but maintained that Cupertino, in this proposed Ordinance, should provide some type of control in the neighbor- hoods which are ha.ving �roblems caused by interference from ham radios. Mr. Jacobs, 11176 Linda Vista Drive commented that placing too much reliance on the F.C.C. is not advisable, as the F.C,C. does no�; appear to r�strict ham operators. He asked if there is any type of Ordinance wherPin the Police Department could be called when there is interference. The Director of Public Works pointed out that inter- ferences very often are caused,by sources other than ham operators, such as by X-ray machines in doctors' offices, and by power tools. Mr. Irwin remarked that this interference is also a problem to people who like to listen to hi-fi music, or to those who like to make tape recordings, The Director of Public Works sa3d this interference could be eliminated if the people concerned talked to the ham operator to ask his cooperation, or to th.e F.C.C. Chairman Gates said the Commission will take under ad- visement the idea of how to stop these interferences from ham operators, but the Ordinance under discussion tonight was strictly a height ordinance. -6- Mr. La Porta �epl3ed to the queation of making recordings that the�U,S. Air Force station at Fort Hueneme sends beams_whieh'may be a cause for some of the •interference;� but that there is a way to elimina�e this, � Mrs. Evans, 11096 Linda Vi��a I7rive: There is a � t.ran�m3:tting tower acros� �Che street from her which i.s 60 ft. in heigh�, with beams 28 ft. across. It is an eyesor� to the neighborhood, and.will lower , the val�xe � of their homes, - Mr. Don Conant, 22�33 Balustrol�Court; There is a free service from.the local ham operators regarding TV interference problems; .also, Santa Clara County, � through the Sheriff's Off3ce,�. can be contacted; � �the�e �is an Interference Commi�ttee which would be wi111ng to cooperate. �. Moved by Comm. Johnson, seconded by Comm. Hirshon, to close the Public Hearings. Motion carried, 5-0. Comm. T�aeumer asked for clarification of Sections 65 and 69 .3 regarding tri-level houses and two- stories and 69 .2 on duplexes. He pointed out that a Minute Order to the City Council had Ueen passed by the Planning Commission at their re�ular meeting on June 28th, recommending to the City Council that Building Height Limit be amended to substitute the . � word "two", and to delete the words "one and one- half" from that section;'and to increase the height limit in an R-2-H zone to two stories to conform to �-1 height limi��s. , The P3.anning Director pointed out that.i.t is import- a,nt to have tvao different possibiliti�s. for duplexes : � R2-i would be res�ricted to one story�as�.of present, would look more like one=fa.mily homes and blend well with an R1 area across the street; R2 (without in- dex) would allow�two-story houses which would look much the same as the common type of� apar�n�ent houses. Areas already zoned R-2-H should be desi�- nated R2-i; to al.low an increase from present one story.to two�would be an i.nfrin6ement on the ri�hta of�owner� of one-family homes in the neighborhood. � Comr�. Frolich said the,Commis�ion might consider before the next meeting that�a certain cross-section area for an antenna be_ �specified, rather tha.n a rod or tube; this would allow lattice work. He inquired.as to the origin of the f�.gures used in the comparison cha.rt, �,The Planning Director will inves�igate this. � _ . � � � The Planning Department was instructed to present a few alternatiue paragraphs in the Ordinance for the __ next meetfng. � Comm. �r.olich commented that when Mr. Lammers, the. first� applicant for a�.radio transmitting tower, was granted a Use Permit, he ha.d no horizontal beam on top.of the antenna. Comm. Frolich recollects that one� �o•f; tYie considera�ions was that the antenna stayed j wit�hiri the present heigMt restrictions. A horizon- �` tal be�,m on top of the antenna, if low enough, could ���'' /� . be considered as a lesser evil than a high rod pr �� . tube . �,/ ' �. � 6� ,, v �/ a�t •�a- �/ 1� � , � � l� � � � � � �� � -� V I I U I I J I S H E D H t J S I N E S S �/ l� � • �� � � 8 - U - 65 A. VALL�Y TITLE COMPANY ( Page Proper.ties ). Use Permit for a 50-acre one--family Cluster Development within a PC-H zone, east of Mary Avenue, north of Stevens Creek Blvd. CommunicatioM to City Council.. Pursuant to the discussion under Item TII, Comm. Traeumer �- moved that a Minute Order be recommended to the City Council concerning Page Properties appeal. Minute Order: It is hereby� moved that the Council recog- nize the cluster ordinance application to � the Page Properties appeal as voted by� the � � Planning.Commission by.a 5-0 vote. Failure . to recognize the application of the cluster ordinance as the proper use for.the appli- cant's plan will open the door to appli- cations for R-2�+-H with uarianc�s as well as R-1 with variances, arid remov�e the . requirements that the Planning.Department and Planning.Commission labo�ed upon in the enactment of the Cluster Ordinance. Wz see no reason for this appeal other than � an attempt to free the applicant to design and locate his units as he sees fit. The applicant will maintain that �$-�4-H use was granted originally in the PCH zone, how- ever no reference was made in the original ordinance to any use other than PCH. A broad schema�ic was submitted, but not in- corporated within the Ordinance. . It is_mandatory that the PCH zoning require . a Use Permit for areas within this zone. This Use Permit should refer to an existin� . ordinanCe as i� most aptly conforms to the appli�ant's use. This'pro�e.ct is.a cluster devel �°nt and as "suc�s use s ould be so designa ed.` � �$_ "�'i Comm. Johnson suggested no motion be made by the Plan- ning Commission, but rather that'this recommendation be presented verbally to the City Council, with a request that the condition passed by the Plannin$ Commission on the application be enforced; that is, an R1C use within a PC-H zone. Comm. Frolich pointed out that it has always been under- , stood that changes in the use within a PC-H zone could be made, provided the City was in agreement. Comm. Traeumer_felt it could be misconstrued by the City Council, since nothing �n the Ordinance so des�gnates this. The Planning Director said he�has found no wri�ten refer- . ence to the granting of an R-24-H use for this property, The Plan now presented is different from the Plan pre- sented during the rezoning procedures. Comm. Frolich seconded the motion, but added the stipu- lation that the Chairman make an issue of the fact that this is the opinion of the entire Planning Commission,, Comm. Johnson agreed with the �ontent of the Minute O�der, but proposed that the first sentence be de�eted, as thi.� is only an opinion, and moved that th� l�inute 4rde�r be amended to strike out the sentence, ' We se� no reason for this appeal other than an attempt to free the �,ppii- cant to design and locate his units as he sees f�.t' from the second paragraph of the mot3on. Seconded by Comm. � Traeumer. Vote on the Amendment: �YES: Comm. Frolich, Hirshon, Johnson, Traeumer, Gates �AYS: None Motion carried, 5-�0 Vote on the Motion: AYES: Comm. Frolich, Hirshon, Johnson, Traeumer, Gates NAYS : None Motion carried, 5-0 It was stated, that the Planning Commission would have denied the Use Permit except for the attached conditions; these make.the development acceptable. B. Further Comments on the Minu�es of the September 27th meeting. � 1�-TM-65 Comm.��JQhnson pointed out that in the Ditz-Crane appli- cation, 1�4-TM-65, his comm�nts on the drainage problem, his intention was that all lots from �-5 to 60 be in- cluded. -9- ' ' � � ..... 8-U- Comm. Frolich pointed out that on page 18, Condition 9, _ stated it was modified "in accordance to previous motion�'; however, no motion was listed in the appropriate para- graph. He suggested the staff check the voting for that meeting. (Note by Staff : No motion was made on this dis- cussion; it was only pointed out that the City has a right to review and modify the deed restrictions when they are submitted.} VIII NEW BUSINESS 86,007 The Planning Director announced that stan�ards of Foothill Bl�rd., and zoning of adjacent areas is to be studied jo:intly with the County Planning Department, in order to prepare an official plan line map. The Director of Public Works ad- vised the Commission that the median on Foothill Blvd. is being extended southerly to Alpine Drive. IX ADJOURI�MEN�' It was unanimously approved to adjourn the meeting at 9:15 p.m. � APPROVED: ack ates Chairman, Planning Commission ATTEST: .�,�.�(!-�. �ft�h�r��t d e Laurin, Director of Planning -10-