PC 01-09-67 10300 Torre Avenue, Cupertino, California, 9501� 252-�505
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PC-1 80,000.�
C I T Y 0 F C U P E R T I N 0
California
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
January g, 1g67 8:00 PM
Held in the Council Chambers, City Hall, 10300 Tor.re.Ave.,
Cupertino, California.
I SALUTE TO THE FLAG
II ROLL CALL: Minutes of previous meeting, 12/12/66
Comm. present: Bryson, Buthenuth, Frolich, Horgan, Hirshon
Comm, absent: None
Staff present: City Attorney, Sam Anderson
Director of Planning, Adde Laurin
City Engineer, Bob Shook
Assistant Planner, Jim Nuzum
Chief Building Inspector, Bill Benevich
Recording Secretary, Lois Inwards
Comm. Horgan felt a significant point had been lef�t out
of the Minutes of December 12, page 5, last paragraph:
He had asked Mr. Scott if the merchants considered other
means of communications, such as newspapers, etc., as
important factors in advertising.
Moved by Comm. Buthenuth, seconded by Comm. Horgan, to
approve as corrected the Minutes of December 12, 1g66
Motion carried, 5-0
III ANNOUNCEMENT OF POSTPONEMENTS, etc.
The Director stated that Page Properties has asked that
their applications review be postponed until January 23.
MINUTE ORDER: Tha.t Page Properties is to be notified that if
they are not prepared to continue with the hearing
on their applications 9-Z-66 and 15 at the
January 23rd regular meeting, the item will b.e
� taken off the agenda.
Motion carried, 5-0
IV WRITTEN COMMUNICATIONS
There were none.
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V VERBAL COMMUNICATTONS
The Director announced that the new Zoning Map is now
available and we will shortly have a new printing of
Zoning Ordinances. They will be sold, although sales are
not expected to put the Planning Department in the black.
Copies of the Zoning Maps were distributed to the Commis-
sioners (free). It should be noted that Jim Nuzum has not
only made the neW maps, but made an extensive checking of
all rezonings against Planning Commission and City Council
minutes, etc.
VI HEARINGS SCHEDULED
9-Z- A. PAGE PROPERTIES, Il`3C, : Rezoning of approximately
15-U-66 34 acres from R1-10 to Planned Development (P),
and Use Permit to allow R1C with �verall density
of not to exceed seven dwelling tz��its per gross
acre; located south of Junipero ;�erra Freeway
between Mary Avenue and Garden Gate School. Second
Hearing. (Applicant has asked .�'or postponement.)
18-U-66 B. BETHANY BA PTIST CHURCH: Use Pe�^mit to erect a
cross 36' high in front of Betn.any Baptist Church,
2205�+ Homestead Road,
The Assistant Planner referred tc� Section 69 .6 of Height
Ordinance 220(g), which calls fo�� a Use Permit. He stated
that the Planning Department ha.s no objections to this
application. The property is ir:mediately adjacent to the
freeway and Homestead Road, It is not felt that this
would be detrimental to the ne�ghborhood.
Pastor Robert C. Hill, 565 B�rto Street, Santa Clara,
explained that the cross is a wood frame structure with
8' long panels with a single fluorescent, low-level light
in each panel. He explained that the church building is
at the back of the property, reserving tne front portion
of the property for parking. They are situated behind
high trees and people just can't f ind the church. They
made mock-ups of different sizes (20' to �+2') to determine
what size would be most effectiv� and arrived at the 36 '.
Comm. Bryson asked if the engineering has been checked on
this proposal. The Assistant Planner s�ated this would be
handled by the �,i.ilding Departmenta Chairman Hirshon was
assured that this application had been duly advertised
and posted in the area. He asked for comments from the
audience. There were r.one.
Moved by Comm. Bryson, seconded by Comm. Horgan, to close
the public hearings,
Motion carried, 5-0
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Comm. Buthenuth feels this is a sign, and we are striving
to keep signs down lower. Chairman Hirshon feels there
should be another hearing on this application to give any
possible objectors an opportunity to come to the meeting
and be heard. Comm, Horgan and Frolich felt that if there
were any ob�ections this could be appealed to the Council.
The Director stated that this application would not auto-
matically go to the Council; however, the case could be
appealed to the Council.
Moved by Comm. Bryson, seconded by Comm. Horgan, to
approve applicatiori i8 -U-66.
AYES: Comm. Bryson, Fr�lich, Horgan
NAYS : Comm. Buthenuth, Hirshon
Motion carried, 3-2
8-TM-66 C. WARD CRUMP DEVELOPMENTS, IN�.: Tentative Map,
Baywood Terrace Un�t A1o. 6- Rainbow Drive west
of Bubb Road. 1.8 acres. �irst Hearing.
The Director said this is an extension of a previous ten-
tative map; it was included on the original area but then
was deleted. Lot 1 is cut at the corner and bulges
somewhat to the south of the straight line. The Directors
of Public Works and Planning would like to see an adjust-
ment on the final map to eliminate the bulge. He recom-
mended this be approved with standard conditions 1-12 and
condition 13 relatirig to Lot 1.
Mr. Ward Crump, Terra Bella Drive, Cupertino, said he has
no objections to the design changeo He will do whatever
the City Engineer recommends and does not feel it is
necessary to place the extra con�ition on the approval.
Moved by Comm. Frolich, seconded by Comm. Buthenuth, to
close the public hearings.
Motion carried, 5-0
Moved by Comm. Frolich, seconded by Comm. Buthenuth, to
approve application 8-TM-66, subject to the 12 standard
conditions and condition i3 : that the front line of
Lot 1 be ad�justed to the satisfaction of the City Engineer.
AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon
NAYS: None
Motion carried, 5-0
This will go to the City Council on January 16 1g67
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81,00�.12 D. SIGN ORDINANCE N0 350 Revision of Sign Ordinance
No. 89. First Hearing con.tinued.
Chairman Hirshon postponed this item to allow more time
for the expected interested persons to arrive.
81,00� E. ORDINANCE NO 002(y) REG�LATI�C ADMINISTRATIVE AND
PROFESSIONAL OFFICE (OA) ZONES. First Hearing.
The Director explained that this presently is an urgency
ordinance and now it has been re�vritten as a regular
ordinance. It has be�n sent out to interested agencies
and, to his knowledge, there h�ve �een no objection�.
The City Attorney has read and approved O�dinance 002(y).
Moved by Comm. Buthenuth, second�d by Comm. Horgan, to
close the Public Hearings.
NIotion carried, 5-0
Moved by Comm. Buthenuth, seconded by Comm. Frolich, that
Ordinance 002(y� be recommended for �nactment.
AYES : Comm. Bryson, Butheraat'r?, Frolich, Horgan, Hirshon
NAYS: None
Motion carried, 5m0
The Director state�. this would co«e before the Ccuncil on
February 6, 1.967
VII UNFINISHED BUSINESS
There was none.
�II NEW BUSINESS
l. Comm. Horgan expressed his thoughts on the practical
and the policy phases of this Commission. They are
attached, verbatim, as Appendix A to these Minutes.
Comm. Horgdn would like to put these ten point� on
the agenda, one at a time, and have the Commission
explore them thorougr.l;�� this may take all of 1g67
Chairman Hirshon would like to h�,ve them discussed
at a faster rate than this; tnese thing� should not
drag on, but should be hand�.ed as expeditiously as
possible.
Comm. Horgan said he vuould make a formal motion under
UNFINISHED BUSINESS at the next meeting,
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VI HEARINGS SCHEDULED (resumed.):
81,00�+.12 D. SIGN ORDINANCE N0 350 Revision of �ig� Ordinance
No. 89. First Hearing continued.
NOTE: The number of the Sign Crdinance ��ill be changed to
353 in the final e�.�tion.
Mr. Fitch, Chairman of' the Architectural and Site Control
Committee, Measrs. Irwin and Stern, Members of said Com-
mittee, and Mr. Bencvich, Chief' �uilding Inspector, were
present and took part in the discussion of the Sign
Ordinance. Also participating u�e�ne Mr. Arnellas of the
Builders' Associatiorl, Nr. Gullion of P. T. 8c T. , NIr. Ward
of Vallco Park, Mr. �rump, and i�r°. �Iigh of P. G. 8c E.
The discussion (recessed between 9:20 and 9:35 P.M.)
resulte�. in the fol.lowing revisions of the Fourth Draft:
Page Section
7 �4.21 Add to Sec. �+.21: "Fcr� the purpose of tnis Ordi-
nance 350, a Shopping Center Sign shall not be
considered a Ground Sign.
8.1 �.33 Retain previous WO?"i�171� (Builders' Association
proposal to ir.cluc?e �.uplexes rejected. )
8.1A �+.3�1 To be ir�serted ir. the Ord�r�ance.
8. lA 4. 38 To be inserted in the Ord.in�.nce .
8.1A �+. Not to be ir�serted (duplication of Sec. �.01).
9 5.01 Fifth line; ins2rt: "...kind, n�t other•wise per-
mitted by law, or. . . °` ;ei��Th line; insel�t : . . . . .
structure visible from a public right-ot'-way and
within the corpor�.te limits of' the City of
Cupertino...' ,
9, 5.03a Delete "for bona fide sale"
9.1 5.06 In last two lines delete: "nearer than fifty
(50) feet". (Chairman Fitch suggested adding
of: "or not be objecti.onable to the neighborhood
in any other way", but the City Attorney advised
against broader�ing this section any more.)
10 5.09 Retain previous wording, except for ad�.ing at en�
of sentence: `�except as permitted �n Sece 6.09�+".
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Page Section
11 5.16 Include P.G. 8� E.'� "Tegal Clearances: All signs
,.,., rT, T✓uhich secti�n. has been approved by the
Plannirg Com�nissiar�, �;ut was in�dvErtently left
out of the Fourtr D�°aft.
11A 5.16 Delete the �'Flon��ty in ac�vertising" section.
12 6.021 Retain this worc�i�g�
12A 6.021 Not included,
12A 6.026 Not include�,
13 6.026 Retain this wordin�.
1� 6.05�4 Delete entire section�
15 6.07�+ Shal� read as fQllows e rP SU. v i a i c�,Ce area : A shopping
center sign shal�. r�.ve not mo��e than 300 sq, ft.
total advertising area and shall have at least
two surf�,ces, no surface to exceed 150 sq. ft.
This area will be permiited zn addition to sign
area for indivi: u.al �hops, as regulated by Sec-
tion 8 of t�is Or�.�r.ance 350.'
16A 6.083 Add this to Sect�o�z b.Od3 c�n vage 16.
16 6.092 La.st sentence sha�l read thusv "They may be il-
luminated9 illurnin�.tioi� to be turned off when the
sales office cl�s�s. Pr
16 6.09� Add to th� �nd of tn� paragraph: P1 Two f lags are
permitte�. p�r model hom�, the number not to exceed
six (6) per° subdiviszon, and each flag not to
exceed six (6) sq. ft e rP
17 6.10� Chairman Fitch, commenting on Temporary Signs, said
that political S1.gI1S should specifically be in-
cluded in signs to be rernoved. Comm. Frolich
suggested a deposit to °r_�ure that they will be
taken down: �5.00 per sign, with a m�ximum of �25.
T�.e City Attorne� sa���. th3s w�uld be legal;
however, bookkeepi�g �osts may be prohibitive.
The City Manager ��lould check on this, It was
decided tha�t possible �.r�endmer�t to Sec, 6.10 be
kept open until l�ea:�ing k;efore City Council.
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PC-1 Minutes of the 1�9�67 Planning Commission Meeting
Page Section
17.1 6.161 Add: "....as approved by the City Council after
recommendatian by the Architectural and Site Con-
trol C�mmittee. There shall not be more than two
such features at each entrance to the subdivision
or Plann�d D�velopm�nt, and the advertising part
of the st�ucture sh311 not exceed f ifty (50) sq.
�"�. Such st���.cture or sign shall not be erected
on public rigrit-of-T�vay. Maintenance shall com-
ply with th� provisions in Sec. 5e07 of this
C 3��j. tr
18 7.26 "Subdivision i�entification signs, as specified
by Sec. �.3�1 a�a 6.lel of this Ordinance 350."
20-22 8 Delete `�AN'D H�TGi3'I'" f'rom Y�eadline .
20 8.11 Retain this t�c�rdir�g.
20A 8.11 Not includ�d.
20 8.13 Retain this wo��aing.
20A 8.13 Not included.
21 8.61 Secona line, chan�e two percent to three percent.
21 8.61a Third line, c��ang� t•ruo percent to three percent;
fou�.�th l�ne, change one percent to 12 percent.
21 8.61b Third line, change one percent to 12 percent.
21 8.61c Sh�.11 reaa as follows: ` in new and used
cars will be permitted a sign surface area equal
to 2/ of the ].ot area, or sign area accarding to
Sec. 8.61a, Whichever is greater,
21 8. Insert the wor�:� f1 except service stations" on
first line bet�;een words P �enterprise" and "shall",
2�+ 12. le Include P, �. & E. 's '��igns used b�,r a Public
Utility tahich section has been approved by
the °lan�irig Corr,rnission, but was inadve�tently
left out oi the Pour�th Draft.
27 1�4.1 Retain this wo��cxing.
27A 1�+.1 Not includF�.
27 1�+.2 Retain this wording, except line 7 as follows:
27A 1�.2 Include: ` City Council shall set a date
for a public hearing of the appeal, and notice..�'
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Page Section
28A 15.01 To be ir�se�ted ir� the �rdinance.
28A 15.� To be insertec� zr thv �����nar?ce.
Moved by Comr.;. �+'rolich, sec��:c?���� by �"cm?�. Bryson, to close
the Public �iearings,
AYES : Comm. Bryso�, Eut� �erlutli Frolich, H�l gan, Hirshon
NAYS: None
�'ZJt� �ii Cc�,i"Y' i ��. �—�
Chairman Hirshon w�ula �1_ike t� see the finished product
before it goes to the (;ity ��ur�cil. The �t�ff �s going
to send copies to the Commissicners as soon as possible.
Moved by Comm, F�olich, s�conae��. by Co:mm. Horgan, to
recommend Ordinance No. 350 for �.pproval.
AYES : Comm. Bryson, Buth�nutn, F=�c�lich, ��organ
NAYS: Cnairman H�rsh�n
I�T�tion. cal�l i�d, �+-1
IX ADJOURNMENT
Moved by Comm. Bry'�on, �econde�. b�r Comm. �Ic�� gan, to
adjourn the meetir�g at ii :30 PoI�T.
t', i .0 1tiJ : �
r ...
��' ' �Tack H�r'shon'
� airman
ATTEST:
��� is/e , .
A e Laur n, Direc or o P1a�n�.ng
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A PPENDIX A- CON�1�I. HO�GAN' S REPORT
"As promised, I would like to express some thoughts on the
practical and the policy phases of this commission. My reasons
or attempting o ignite h�se fires is not to establish formal,
unyielding procedural rnethods; but, hope�ully, it will a11ow this
body to work or a more knowledgeable basis, perhaps even more ef-
ficiently. These are problems Which to me are rea�; I earnestly
hope that after the conclusion o is resume you will feel the
same.
"What caused this? It was the meeting with the County Plan-
ning Commission on the Monta Vista area. It was acutely apparent
that there was a definite lack of underst�.nding on our part
regarding the reasons behind t'he choices wnich have been reflected
n e uper no enera ar�,
"Second came the realization that only one of our members has
a work ng knowledge of the General Plan.
"Third, three members of this commissi�n will sit for 32 years,
two o iers for 18 months. Within my �deals at least, it would be
quite hypocritical of us to sit in juc3gment of others and lack a
background of such obviouus value.
"Since three of us had to urzdergo an initiation period in 1g66
it was a real excuse, but that is n�tiv behind us. For this reason,
I believe we should publicly discu�s the following subject.s:
1. The General Plan, why it is and What it means to each of us.
To me, it is a standard which can be broken i_f necessary.
Does it mean the same to you? It certainly does not mean this
to the County Planner oy the County Planning Commission. They
indicated that they wi1.1 make d.ecisions con.cerning ad jacent
unincorporated areas based entirely on this document.
2. How do we strengthen otzr relationship wi'ch the County Planning
Commission and make them know that we are an int�rested party;
one which should be reckoned vaith? Personally, I hope we can
get them to ask us how we feel on many situatior�s.
3. Adde's plans for commercial developments are constructive,
interesting, thought-pr�voking as well as slightly impractical
and too idealistic, Wor'sz o`f 'a11', they come right straight out
of a perfectly blue s�� i e a olt of lightning. We do not
have time to defen� what we lik� or reflect -- the plan and
the decision of what to do both arrive simultaneously. I
think our time should be taken with a discussion of neighbor-
hood plans like his 12/5/56 memo Further, Mr. Billawalla
notwithstanding, perhaps we could try to get small-parcel
landowners to unite for the betterment of t�.e c�mmunity and
the enhancement of their property value.
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PC-1 Minutes of the 1/g/67 Planning Commission Meeting
APPENDIX A- COMM. HORGAN'S t�EPORT (continued)
�+. Are we happy about the resolutions su�mitted by the Planning
Department to the League of California Cities? What are 701
Funds? I was in a meeting arld discussed this for 5 minutes.
How about a report from A_dde on our trip to San Diego; or
from Comm. Frolich on his appoir.tment to the County-Wide
Commission; --- What's happening?
5. How do you feel about the pressure brough� by a group of home-
owners who appear here because a fence or a home occupation
seems to be a threat; then we never see h�de nor hair of them
again? What happened to the fire station in Monte �Ti�=`ta?
6. How many interest groups are we dealing with in Cupe�tino?
Landowners, merchants, homeown2rs, Nave we forgotten neigh-
boring communities, De Anza College, Cour_ty commissions and,
according to everything I read and "near - young adults?
Are we creating ordinances and pa�sing re�olutions that no-
body will vuant? To me, this thought is pure philosophy, but
it could be an interesting d�scu�sion.
7. What about the commur_ications of this body? I know that if
I were to te�l you about samethino I rea�. and disliked in the
Cupertino Courier you would tell me to forget it. i agree.
But when the public can be misled by articles of oppos ni g
position witrin a span of 7 d.ays, I think we have a problem.
� I think we should discuss zf the problem is acute and what
to do, if anythin�. I refer to:
„
Cupertino Courier, Nov, 23 1966 under '�City Hall Report":
"...and nobody could really blame him r'or being so mad, but
only compliment him for being able to hold his temper for so
long a time. After a].I, it isnPt every day that an almost
sure-fire business ver�ture is crushed by the vote of a board."
Cupertino Courier, Novo 30, Zg66 editorial on page 1�+:
"Don't Blow Tt All Now", in which the City Council is praised
for using good judgment in the development of Stevens Creek
Blvd. �
Is this an irresponsible editor or d.id he �ust blow one? To
me, there is little d�fference and the damage is the same.
The result is the "Ques�ionaire for Congress for Community
Progress." Let us take the initiative.
8. I could never have votecl for i�Ir. Warner Wilson and his Fire-
stone plan, but let me reflect on this unfortunate situation.
A long-time member of this community publicly inquires about
his application: '�Why are you discussing this?" Insinuating
it should be passed wi�haut question. Then he stated that he
will refrain from vituperative languag� because ladies are
present. Tacitly, he implied that he was not informed on the
requiremer�ts of thi� �ody and he expected us to be a rubber
stamp.
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8. (continued)
Let us sit and discuss �rh�.t w� �xp�c�; an�. ��cpe to get from the
applicant, and advise the ^t;�,ff an �uY� policy. Let us reduce
the Wilson and Page P�°operty applica.tic�n� to a m�nimum.
9. A point of organizaticn. It� i� �.pp�,r�:r_t sometimes the staff
does not talk to or�e �.�otrier, An ex�.mple is Mr, t inney's
suggestion of condition 1`7 �r? th� K�hrig application to the
City Council ar�d not to u.�; tY�3�� �hould not occur. I think
we should establisri what wc expec�: of' th� staff so that they
are not in the daz�k. l�iany tim�:s �e discuss an �.pplication
much too long. It shoul�:� �b� set up b�r th� staf f, showr� to
the applicant, and vote:�. �r� k;y u� . I warit the 10a� of pro-
fessional advice th�.t tr�� �� ti�e�.s �f Cupertin� ar� paying
for and this can onl;� be accomplis�i��. with time to think
by the whole staff,
10. On the sub�ect of ordir_�,nce�, I L:���k we as a commissi�n are
quite wrong in our apprcdc�s, T su.ggeat that urlless the agenda
is very light, we shoula c�nsidar speci�.l me�tings, and then
not two w'eeks apart', but �n cd.�seq�.�tive c��.ys so the pro em
rema ns res . I hink ?�ae will wo�.�k � as t�er and be �uch more
productive. I believe �ae �.re r�miss in our cur•��nt methods.
"Mr. Chairman, the�e ayA 10 points f'�r. discussion ar�u it is
my intention to do the fo1loT,aing:
"At the next regular meetir�g .i vuzll ma,k� a motiar� to discuss
one of these points at the �"°�l].�v�i�.g �?e�:tirg. I thir�k 3t �hould
be put on the agenda and public�zed. Tr�.�nk you, g�ntlemen, for
this opportunity to reliev2 my�elf' c�� a pr�oblem which ha� been
gnawing at me for some time, I�3�p� my c��sires a� � yours and
that these discussians can beaz° fruit. r '
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