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PC 04-11-67 . 10300 Torre Ave., Cupertino, Calif., 9501� phone 252-4505 ---------------------------------------------------------------- PC-8 80,000.� C I T Y 0 F C U P E R T I N 0 California MINUTES OF THE ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION Tuesday, April 11, 1967 8:00 PM Held in the Council Chambers, city Hall, 10300 Torre Avenue, Cupertino, California I SALUTE TO THE FLAG II ROLL CALL Comm. present; Bryson, Buthenuth, Frolich, Horgan, Hirshon Comm. absent; None Staff present; City Attorney, Sam Anderson Director of Planning, Adde Laurin City �gineer, Bob shook Assistant Planner, Jim Nuzum Chief Building Inspector, Bill Benevich Recording Secretary, Lois Inwards III MINUTES OF PREVIOUS MEETINGS, March 27 1g67 Comm. Frolich had the following corrections to page 7; Second paragraph; Strike the second sentence. I.,ast paragraph; Add; "She said Saratoga had no industrial zoning and preferred not to have any.'� Moved by Comm. Horgan, seconded by Comm. Frolich, to approve the March 27 1g67 Minutes as corrected. • Motion carried, 5-0 IV ANNOUNCEMII�TT OF POSTPONEMENTS, etc. There were none. V WRITTEN COMMUTTICATIONS A. The Planning Director had submitted drafts for some Resolutions. He would like to go into this during discussions of application 1- TM-67 . � -1- PC-8 Minutes of the �/11/67 Adj. Reg. Plann. Comm. Meeting VI VERBAL COMNNNICATIONS A. The Director stated that the April 2�+th agenda will be "longer than seven lean years°t. Perhaps an extra session would be in order for business other than applications. VII HEARINGS SCHEDULED: 3-V- A. OAK KNOLL COMPANY: Variance to permit construction of architectural walls within required front yards and side yards. pak Knoll Hills Subdivision, Tracts �4152 and �+190. First Hearing. Mr. Da,ve Franklin, of Franklin-Ba.hl Developers, said that besides customizing the homes, inside and out, they don't allow any home or group of homes to have the same elevation. To accomplish this, they have come up against all sorts of problems. Some cities are allowing archi- tectural walls on setbacks to allow the developer a little more latitude for more architectural feeling. Although they won't have a lot of these homes with architectural walls, such as those displayed on the bulletin board, this v'ariance would allow them some within the development. Mr. Franklin was willing to have the Planning Commission state whether or not they should be on corners, how many would be allowed in the development, etc. The Assistant Planner stated that the planning Department was in favor of granting this jTariance because this would create some variety in the development. In addition to giving setback variation to the development, it would allow more usable area in the front yard. Chairman Hirshon asked if a height variance as well as a setback variance would be required here. The Assist- ant Planner said that it would only affect the height c�f' the last six feet. Comm. Buthenuth asked what the Building Inspector had to say about the lattice work extended above the fence. The Assistant Planner said the Building Department is concerned to the extent that a Variance is necessary. Comm. Bryson asked if the Architectural and Site control Committee will have any control over the number and' placement of these. The Assistant planner said this is at the discretion of the Planning Commission. The Ax�chi- tectural and Site Control Committee does not review R1 applicattons. -2- PC-8 Minutes of the �/11/67 Adj. Reg. Plann. Comm. Meeting ---------------------------------------------------------------- � Comm. Bryson added that he would like to see to which lots the Variance would�be applied. Mr. Franklin said he would like to oblige, but these homes are only built when there is a specif ic buyer for a certain lot; it isn't like a conventional subdivision. He noted that the average size lot here is 9000 sq. ft., and the con- tour of the land is such that the elevations of the homes are stepped. Comm. Bryson felt there should then be a 72 maximum height. 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 recommend application 3-V-67 to the City Council, for architectural walls with the following conditions; 1 No Variance to be applied to corner lots. 2 Variance to be applied to not more than two houses in a row. AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon NAYS: None Motion carried, 5-0 The applicant was told this application will come before the City Council on April 17th. MINUTE ORDER: Moved by Comm. Buthenuth, seconded by Comm. Frolich, to postpone review of prdinances 220(i) and 353 until after review of application 1-TM-67. Motion carried, 5-0 VIII UNFINISHED BUSI NESS 1- TM-67 B. JOHN RODRIGUES, JR.: Revision of Tentative Map, approximately 32 acres limited by Stevens Creek Blvd., Stevens Freeway, McClellan Road, Southern Pacific Railroad. �-Z- The Planning Director first suggested rewording of Condition 13 to Resolution �+06 (application �+-Z-67 ) as follows; "Any proposed use shall either conform with a list of uses approved by the Planning Commission, or be sub- mitted to the Planning Commission for approval prior to Architectural and Site approval." This wording would save time, both for the applicant and the Commission. -3- PC-8 Minutes of the ��11�67 Adj. Reg. Plann. Comm. Meeting ----------------------------------------------------------------- The City Attorney advised that since the formation of the City, and due to the fact that we have used the County Ordinances until such time as we have prepared our own, we mostly have handled applications for rezoning and'for tentative map concurrently. If the tentative map has a material effect on the rezoning, the City Attorney felt the conditions on the tentative map should be considered at the same time. And any approval of a tentative map would inherently have the condition: "if the rezoning is granted". MINUTE ORDER: Moved by Comm. Frolich, seconded by Comm. Horgan, to recommend to the City Council the rewording of Condition 13 of application �+-Z-67 (Resolution �06). Motion carried, 5-0 The City Attorney, in answer to Mr. Rodrigues' question about whether he must abide by the old County M-1 or the new Ordinance 220(i) which is in the process of being constructed, said that if the applicant got M-1 zoning and entered into contractural agreement on any lots, and there was an exchange of money, he must abide by the present M-1 Ordinance now in effect. pnce the new prdinance 220(i) is in effect, any further negotiations on other lots within this zoning must come within the purview of the new prdinance. The key to this is when the actual exchange of money takes place. 1-TM-67 Mr. Rodrigues then asked the Planning Commission if they still feel the 100' width lots are insufficient even if, and when necessary, they can combine some of the lots to suit the individual company's needs. He added that the 150' minimum lot width would discourage many of his pro- spective users. The Planning Director said this has been discussed rather extensively. The conditions placed on the rezoning will control quality, and there is a definite need for smaller lots. Comm. Frolich said he has no ob�jection to the 100' widths. Comm. Horgan said he would like to hear some argument that all the lots not be 100'; perhaps a percentage could be 100' and a percentage could be 150'. -4- � PC-8 Minutes of the �/11/67 Adj. Reg. Plann. Comm. Meeting ----------------------------------------------------------------- Mr. Rodrigues asked what the Planning Commission felt should be a minimum lot size. Mr. Ralph Ramona quoted from the manual of "American Association of State Highway pff icials", f rom which they obtained their data when determining what the lot size should be, Mr. Rodrigues said he plans to have the depth of the lots twice that of the minimum allowed by the County. He emphasized that anybody who purchases a lot in this industrial park is going to make sure they design something that will work. Chairman Hirshon asked for comments from the audience. There were none. The Planning Director wanted to discuss the northeast corner of the industrial park, where the shape of the lots might cause a problem. He suggested the tentative map be changed according to the applicant's "Revised Portion of Tentative Map", showing four lots between the State's corporation yard and Stevens Creek Blvd. The City Attorney recommended another condition that the new tentative map be presented to the City council. Moved by Comm. Frolich, seconded by Comm. Bryson, that application 1-TM-67 be approved; the map being approved being the one presented last time without revision date, but this map will be revised before presentation to the City Council and will reflect; "Revised Tentative Map, John Rodrigues, Jr."; that sub�ect map is sub�ect to the 12 standard conditions and the additional 6 conditions, making a total of 18 conditions, which worked out at the last meeting. AYES: Comm. Bryson, Frolich, Hirshon NAYS: Comm. Buthenuth, Horgan Motion carried, 3-2 The applicant was advised his applications will come before the City council on April 17th, VII HEARINGS SCHEDULED (continued) 81,00�+ B. ORDINANCE 220(i) regulating Light Industrial (ML) zones. First Hearing, Mr. Arnelis, of the Homebuilders' Association, asked for a copy of the planning Director's comments to the Planning Commission for study. -5- PC-8 Minutes of the ��11�67 Adj. Reg. Plann. Comm. Meeting ----------------------------------------------------------------- In light of the fact that the Commissioners and members of the audience have not had sufficient time to study this Ordinance, Chairman Hirshon felt it would be in order to table it. Moved by comm. Frolich, seconded by comm. Bryson, to continue Ordinance 220(i) review to the first meeting in May . AYES: Comm. Bryson, Frolich, Hirshon NAYS: Comm. Buthenuth, Horgan Motion carried, 3-2 VIII UNFII�TISHED BUSINESS (continued) 81,00�.12 A. SIGN ORDINANCE N0 353 Review of referral from City Council on certain sections. The City Attorney advised that State Law requires that any changes made in an Ordinance at the time of City Coun- cil Public Hearings must be referred back to the Planning Commission for a report. The City Council may enact the Ordinance after receipt of the Planning Commission's report, or after �+0 days. Following are the results of the Planning commission's review of the Council's suggestions; SECTION COMMENT �.03 Upon recommendation of the City Attorney, it was decided to leave in the phrase "or maintain" throughout the Ordinance. "Maintain" is common in legal language mean- ing "keep" without implying "keep in repair". Definition would not be necessary. �.2� Moved by Comm. Buthenuth to use the Planning Director's version on page 1 of his memo. Motion died for lack of a second. The Chief Bu.ilding Inspector asked that whatever wording is used, it should be clearly interpretable by both the Building Department and by the applicants. Moved by Comm. Frolich, seconded by Comm. Horgan, to retain the January 23rd version of Section 4,2�+. Comm. Frolich noted that if the newly-proposed version is used it will exclude certain signs from the Ordinance. AYES: Comm. Bryson, Frolich, Horgan, Hirshon NAYS: Comm. Buthenuth Motion carried, �L-1 -6- _ PC-8 Minutes of the ��11�67 Adj, Reg. Plann, Comm. Meeting ----------------------------------------------------------------- Chairman Hirshon called for recess at 9;30. Meeting reconvened at 9 : �5 P. M. SECTION COMMENT 5.03 a The version on page 1 of the planning Director's memo was recommended, 5.03 f 1 sq. ft 6.�71 1 sq, ft. 6.022 Moved by Comm, Horgan, seconded by Comm. Buthenuth, that Section 6.022 be retained, but that the words "be main- tained to" shall be deleted from the paragraph. Motion carried, 5-0 6,031 To remain as is. 6.0�+1 The Chief Building Inspector commented that there are 25 pole signs within the City and only �+ of them are non- conforming to the 210 lineal foot minimum clause. 6.091 Use the version on page 1 of the Planning Director's memo. 6.103 The chief Building Inspector said we do not have a problem of this type now in the City of cupertino. He recommended this section be left as is. 6.111 Last line should read; ".o�within the projected area of the roof . " 6.123 25' recommended, after report by Chief Building Inspector. 6.131 Third line should read; " direct routes from points on the City boundaries," 6.151 "Sign area as provided in Section 7,101 of this prdinance 353" is redundant, 6.18 OK as corrected, 6.201 Delete "existing or planned". 7.061 Retain January 23rd wording. 8.2 After much discussion, it was decided to recommend a fee of �25, but no maximum would be all right with the Planning Commission, if the Chief Building Inspector wants to re- commend this to the Council, _7_ PC-8 Minutes of the �/11/67 Adj Reg Plann, Comm, Meeting ---------------�---__�_-----------_____��___�____�_-------------- SECTION COMMENT 8.2 The Planning Director stated that the draft of Sections 8 cont'd and 12 had been m�.de in conjunction with a draft for a revised Proced�ures Ordinance. The latter has not been presented yet, and accordingly, Sections 8 and 12 must reflect present proced.u.res o The Planning Commission ap- proved the wording in pages 2 a.nd 3 of' the Planning Director's memo, except that the third line of Section 8,2 should read; "relocated and maintained, except...", and that the second lzne of Section 8 ,3 should read; "for the erection, constructic�n, relocation or mainten- ance of any signe,o" Moved by Commo Buthenuth, second.ed. by comm. Horgan, to forward the Sign prdinance, incorporating the above re- commendations, to th� Gity Council, Motion carried, 5-0 81,00�.7 c, Item 10 of Commissioner Horgan's memorandum. Comm. Horgan felt this item h�.d already been discussed. He feels that items on the agenda should not be repeatedly continued, and that extra ses�ions should be held in order � to complete a project, Perhaps a new prdinance should be di�cussed at a study session prior to the First Hea.ring, to help speed things up. It was pointed out that the c�ty Attorney might have some advice on this procedure, Chairman Hirshon felt the First Hearin.g should be sched�uled for a Public Hearing and then, if need be, referred to �. study session. Comm. Bryson wondered if' certain tnatters could be accelerated by meeting one hour earlier than the scheduled regular Planning Commission Meetings, Comme Frolich said this has also been tried without much success, Comm. Horgan felt that, unless the agenda is very light, these projects should be scheduled for other than a regular meeting night, He requested a priority list from the staff The planning Director said there is the question of staff timeo Drafts have been prepared for several more ordi- nances, but it involves a lot more work to prepare them for public hearings, It woulcl be ideal to start at the beginning of a complete Zoning prdinance and progress to the end. Actually, he prepared an almost comprehensive draft in 196�+ However, difficulties with interpretations and lack of regulations have made it urgent to enact a ser�ies of separate ordinances The last example was the -8- . PC-8 Minutes of the �+/11/67 Ad j. Reg. Plann. Comm. Meeting ----------------------------------------------------------------- now-pending Light Industrial Ordinance, urgent because of a proposed development. As to priority, the Director suggested an ordinance for Agricultural and Commercial Zones to be scheduled next. After enactment of this prdinance, for which he has com- pleted a draft, we would have Ordinances of our own for all Zones, and would not have to depend on the 195�+ edition of County prdinance NS-1200 anymore. Comm. Frolich felt that it was much more pressing to get our Ordinances up-to-date than, say, studying the Neighborhood Plans for the Monta Vista Area, although this, too, is important. Chairman Hirshon requested the staff send out a draft agenda and whatever material is ready, a week before the Planning Commission meetings. IX NEW BUSINESS A. Chairman Hirshon stated his term of Chairman has ex- pired. He suggested the first order of business at the next Planning Commission Meeting to be the elec- tion of a new Chairman and Vice-Chairman and to have the new Chairman and Vice-Chairman seated at that time. X ADJOURNMENT Moved by Comm. Buthenuth, seconded by Comm. Bryson, to ad�ourn the meeting at 10 :�+5 P. M. Motion carried, 5-0 APPROVED: � __��_.-Y� s/ Jack Hirshon C a rman ATTEST: �C:1:.C'[� OCC�,+�l� �. e La.ur n, rec or o P anning -9-