PC 02-15-67 10300 Torre Avenue, Cupertino, Calif,, 9501� 252-�505
PC-3------------------------------------------------- 80,000.�
C I T Y 0 F C U P E R T I N 0
California
MINUTES OF THE CONTINUED MEETING OF THE PLANNING COMMISSION
Wednesday, February 15 1967 - 8 :00 P.M.
I SALUTE TO THE FLAG
II ROLL CALL
Comm, present: Bryson, Frolich, Horgan, Buthenuth
Comm. absent: Chairman Hirshon
Staff present: Director of P�.�blic Works, Frank Finney
Director of P1.anning, Adde Laurin
Recording Secretary, Lois Inwards
III MINUTES OF PREVIOUS MEETING, January 23, 1967.
Moved by Comm. Horgan to approve the Minutes of January
" 23 1967 This motion was withdrawn, and it was decided
to present the January 23rd Minutes together with the
February 15th Minutes at the next regular meeting.
IV ANNOUNCEMENTS:
A. CONGRESS FOR COMMUNITY PROGRESS: To be held at
Cupertino High School, Wednesday, February 22nd,
registration at 8:30 A.M.
B. The Planning Director announced that the next regular
Planning Commission meeting would be an extremely
long one, due to the exceptionally high number of
applications, the most important of them filed during
last week. Comm. Horgan feels they should be handled
at two meetings, as it would be impossible to give
proper attention to each one when the hour is late
and everyone is tired.
Since the legal notices are posted, a brief hearing
is necessary, but it would be appropriate to continue
the first hearings on several items until next session.
The Planning Director is to notify each of the appli-
cants of this before the meeting.
Vice-Chairman Buthenuth asked the staff to get the
preliminary information out as soon as possible, to
give the Commissioners ample time to digest it.
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PC-3 Minutes of the 2/15/67 Planning Comm. Con��nued �eeting
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V WRITTEN COMMUNICATIO�S
A. The Planning Director distributed copies of "Prelimi-
nary Regional Plan" by the Assoc:iation of Bay Area
Governments. He would like to digest this plan more
thoroughly before making a report to the Planning
Commission.
VI DISCUSSION OF ITEMS 8 AND 9 OF COMMI�SI�NER HORGAN'S MEMO
OF JANUARY 9 ig67
Comm. Horgan i.ntroduced a letter he has received from
Channing B. Chrisman, Town Cer.t.er Developere �`The prompt
consideration and assistance �f a11. city departments has
been a genuine help to us in developing the Town Center.
It is a pleasure to build in Cupertin�.`�
Comm. Horgan asked the Director of rl.arining who gree�s the
applicant when he comes to City Hall. '�he Director said
the receptionist first greets the people coming in the
front door and directs them to the proper department.
The secretary of each department then directs them to the
proper person. If the applicant comes to, say, the Plan-
ning Department when he actually should be seeing the
Building Department, he is personally escorted to the
proper department. The City Hall's new receptionist is
starting on the 16th, and �aill be informed of key questions
to ask visitors in order to quickly and properly direct
them. The City Tr�ill shortly print a generalized brochure
to help guide the people.
The Planning Director went on to say that planning, by
definition, is looking ahead an.d. trying to influence the
future in a direction desired by the people. Planning is
mainly concerned with land use,, r�ot building. However,
most people think of planning �ti a police function, con-
nected with building, such as checking side yards on a
site plan, etc. Therefore, thEy confuse the functions of
the Planning Department and. the Building Department, which
functions should be quz.te separate.
To coordinate work, both on applications and otherwise,
the Planning Department has a staff m.eeting r.egularly on
Wednesday; the Dir.ector. of Public Works and Planning
Director meet on Thursdays; and all department heads meet
with the City Manager every Monday. In addition, there
are meetings for discussion of specific applications, etc.,
when problems arise.
Comm. Horgan asked how quickly the applicant is informed
if he has a problem. The Planning Director said that some
applicants wish to discuss their plans with the Planning
Department. This is much preferrab:le, and the staff ac-
commodates applicants to the fullest extent, even if this
means burning midnight oil for other work. In other cases,
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PC-3 Minutes of the 2/15/67 Planning Comm. Cont�nued�M�ating
however, the applicant just leaves his application and
exhibits in the office. We would like to invite all ap-
plicants back in order to find out and discuss all prob-
lems with them, but we just don't have the manpower nor
the time between submittal of the application and the
Planning Commission meeting to communicate with all ap-
plicants. Also, a f ew applicants may prefer not to dis-
close their hand until the public hearing, as in a court
proceeding, and may find staff inquiries impertinent.
The Commissioners may even remember cases where the
applicant would have liked to hold back until the City
Council hearing.
Vice-Chairman Buthenuth asked if the applicant is given
a format to use as a guide for his presentation. The
Planning Director said that there is an explicit list of
required exhibits on the back side of the application
form. However, most applicants ask for a verbal explana-
tion rather than reading the form. In many cases, we
even fill out the form for them.
Comm. Horgan noted that the Planning Director said the
17 daysai� �ust about enough time to get the application
around to all the departments. He asked how the other
Commissioners felt about having two hearings all the
time for each application. Comm. Bryson was in favor of
one hearing, if possible. Comm. Frolich noted that in
many cases, the applications have been running to four
hearings, and each hearing runs at least half an hour.
He said we should strive to finish it up in two hearings,
and refrain from asking irrelevant or unnecessary ques-
tions.
The Planning Director said the staff can't possibly fore-
see all questions that might come up. Some problems come
to light only by the applicant's verbal presentation, or
by questions asked by the Commissioners. Planning is a
Science, but not one of the Exact Sciences, so opinions
of the public, their feeling about their environment,
etc., is a valid part of the evaluation of a planning
matter. As a consequence, the Planning Department's
final report and recommendation in a complicated or con-
troversial case frequently cannot be written until after
the first hearing.
The Director of Public Works explained that, until we
moved into the new city hall, the staff was working under
very cramped and inconvenient conditions. There may have
been some lack of communications between departments, but
this has been pretty well taken care of since moving into
desirable quarters.
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PC-3 Minutes of the 2/15/67 Planning Comm. �on�inue.d Mz�ting
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The Director of Public Works said the Building Department
now has its own separate entrance and counter. Planning
and Engineering share an entrance and counter, but each
has its own secretary. All thi.s has contributed to a smoother
operation. The effects of the new C�ty Hall and the new
procedures will be very beneficial. Although the developer
is not now given a check list to follow he will be per-
sonally guided through the proper channels.
Comm. Frolich feels that somehoW, the applicant should be
informed that his presentation will be enhanced by brevity.
Comments from the audience were requested.
Mr. Walter Ward, General Manage�• of Vallco Park, feels
things are materially better r_o�w because there is now more
communication between departments. He said, however, that
perhaps the Planning Commission and the staff are not
aware that there is a point at which a developer starts
to spend considerable amounts of money and changes in plans
become very expensive. It would help a developer if a
discussion were held with the staff �nd time estimates
were made by the Building Department and the various
agencies. There has also been a probl.em that the Vallco
signs have been held up unti.l the new Sign Ordinance is
approved by the City Council. Vallco needs its identifi-
cation sign. Mr. Ward .raised another point: When they
bring in a landscape architect like Lawrence Halprin, it
presents some difficulty to have the Architectural and
Site Control Committee require the approval of the City's
"tree man".
Comm. Horgan asked Mr. Ward how he feels about an appli-
cation approval with a conditio��.requiring: "...to the
satisfaction of the City Engin.ecr. �' Mr. Ward felt this
was reasonable. The Director :>�: �ublic Works said this
term is used very seldom, a.nd.:�:rlly as a time saver.
Mr. Jim 0'Brien, of the Builder.s' Association for Santa
Clara-Santa Cruz Counties, said they are planning to be
more regularly represented at these meetings from now on.
Their staff thinks check lists and brochures are very
good. The City of Santa Clara has put out an extremely
good brochure. The C�unty is also preparing one. The
presence of the City Attor.ney or sorr,eone from his c�ffice
is a must at any of these meetings regular or study
sessions, to advise when a legal question comes up.
Comm. Horgan asked Mr. 0'Brien if he could recommend any
specific city's check list for Cupertino to use as a
guide. Mr. 0'Brien did not have this information at
this time.
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' PC-3 Minutes of the 2/15�67 Planning Comm. Continued Meating
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Mr. Ward Crump said he has seen check lists used by
various cities. Frequently, they get out of date and
sometimes create more problems than they solve. A current
one would be most helpful, however. He then commented
on the Planning Director's statement about waiting to
hear what the public has to say about an issue. Mr.
Crump feels the professional opinion of the Planner can
be of invaluable aid to the Planning Commission, the
citizens, and the developer. He suggested the Planning
staff study an application and make a recommendation and
include comments, both for and against. (Planning
Director's comment to the minutes: We always do.) A
phone call before the P.laryr�ing Commission meeting to the
applicant to tell him there is no problem or if there is
a problem would be most he�_t:;f ul, and perhaps the developer
could meet with the staff ar�:� iron out these differences.
Vice-Chairman Buthenuth asked Mr. Crump what his opinion
was about one and two hearings on an application. Mr.
Crump feels that the fact that the staff and applicant
get things ironed out before the meeting is the best
method.
Comm. Bryson asked if it would speed procedures if the 17
days were expanded another 5 days, to enable the Planning
Commission to digest all the material and handle more
applications in one hearing. The Planning Director said
that the policy of a deadline for applications 17 days
before the hearing is a result of the State Code require-
ment of publishing a legal notice 10 days before the
hearing, and of the schedule of the weekly Cupertino
Courier, the City's official newspaper. Advertising
deadline is 16 days before the hearing, so there are only
a few working hours for the Planning Department to check
whether the applicant's exhibits are complete, before
the application is committ�ed to the agenda. Increase
from 17 to 21 days would g�..�,re the Planning Department �
days for this formal checking. Of course, these � days
would not be enough to sclve possible planning or �
engineering problems. The application would have to be
committed to the agenda in the hope that such problems
would be resolved in the remaining 17 days, or prefer-
ably in a shorter time, so a report can be mailed ta the
Commissioners.
A recess was called at 9:30 P.M. The meeting reconvened
at 90�0 P.M.
Counc. Fitzgerald feels the City should have a check list.
It could be fairly simple. He commented that there has
been a great improvement since moving into the new quar-
ters. He does not think any building permit should be
issued until it has been checked by Building, Planning
and Engineering. He would like to see the applicant
informed of any difficulties before the Planning Commis-
sion meeting.
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PC-3 Minutes of the 2�15/67 Planning Comm. �orxtin.ued Meeting
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The Directo� of Fublic Works �aid tn�t� f�r the past two
weeks, all plans have been going tr���c�ugn all three depart-
ments, and we are not opposed to d c�leck iiste Engineer-
ing has their own check list o� al1 th� th�ngs a developer.
must do to put together � subc�� visi��r�e i,�mrr�. Horgan
would like a copy of this check liste
Counc. Fitzgerald believes in �tudy sessio��� between the
Planning Commission, �i.ty Council ar:.�� passibly the Archi-
tectural and Site Control Committee� �u�rt�rly, and more
often if nece�sary. Mr. Noor Bi11a4,valla said he is in
favor of joint meetings betwF-e�1 the �ity Council, Plar.ning
Commission and Architectural. ��:1:�. �ire Cor_tr°ol Committee.
He feels this would have helx'E}�� r:rle t�me lag in his
Bonanza application. He askec� ' 1� �he �ity vaas considering
increasing the Planning staf f o Lh� L�srector of Public
Works said he could also use twc: Yr�<�r� pe�ple o
The Directors of Public Works and P:ianning agreed that
they were human, and consequently subject to making er.rors.
In most cases, such errors w:;uld. be due t� pressure of
work and deadlines, but ever� und.er the best conditions a
person sometimes might .lip. T'he Dir�ctor of Pu.blic
Works said that �rom time ta time, we �n�ould. appreciate
comments and criticism from the Lommissioners.
VII INFORMAL PRESENTATI��T OF SKETCHES �'�� N�IGHBORHOOD PLANS
ENCOMPASSING THE �`OOTHILL AREA . ,
This presentation by the Pla�ni.Y�.g I?i �°ector was recorded
on tape and will be forthci:rring z.n the forrn of a memo, with
attached exhibits, together 5�:lth com�ents made d.urir�g the
presentation.
VIII NEW BUSINESS
Comm. Horgan sa�.d he wi.il ag �. ��ltrcduce his Point #10 �t
the next regular meeting, cti�:���e.crlir.�g how we go about pre-
paring ordinances. He al�c �1ar�s to a�k what ordinances
have priority and how this prior•ity is established.
IX ADJOURNMENT
Moved by Comm. Horgan, secor�ded by ��amm. Bryson, to adjourn
the meeting at 1Uo55 P.M.
APP o
� �>
�Tc��n W e Buthenuth
V�ce-Chairman
ATTEST:
L,..�.��C�-�- �D��(.f�'.�
Adde Laurin, Director of Planning
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