PC 05-23-66 � �-�� 1 C:,�ztil '�:.'�,.r•�.fi,oga--��t�nm,��.:� ;_� ��o�;c�
Cuper.•tino, C;a].i.fcrn:ia, 950.:L`i phone; 2��_.�_����� �
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C I T Y O b� C U P E R`i' I N O
Caliiornia
l�ZSr�?JTES Gb` T�iE REGULAR MEE7.'ING OF '�'IIE PLP_i1T1IPJr C��Nti�'IT�S:COI`1
r��y 23, 1966 �: oo P.�2.
He3.c1 in the Board. Room, Cupertino Ele;nentary School District 0�'fice,
1�301 �Vi��a Drive, Cupertiro, Calilorr.ia
I SALUTE TO Z'II� F�LAG
II R�LL C.ALL� Mir.utes of the �reviou� mee'cin�, 5/,�-,�/66
Comm � py esent e Frolicn, H����a.:�, Hirshon
Cor�m. absen'c o ����aeumer
St�ff p���ser�� 4 Ci�y f�ttol^1�ey, Sam Anderson
1��rector of Public �ti'orl:s, Frank Finney
Di�°ector of Piarnin�, A�ue Laurin
Ci.ty Er��inecr, �ob Siioo'_c
�`.as Planner, J T�luzum
i?eco�.•�_�_rl� Sec��etary, Lois Inwarcls
Cornm, Fro�3_ch :�ac� Lhe followin� addition t� page 5 of th.e
P�Z�..riutes of v`-�..y 9th: "Gon,�n� F'r-olich ��,nci. Chairmar. Y�ir;�hon
�'�lf t��u c��.r�cicular use w� s an NL use; r���t that they
p«.r�zcul_a�?;; felt the property shou7_d be zoned ML."
Mo�ed. ��r Cornm. Horgan, secc�nded '�y Gcmm. Prc�lich, to
aceep� the M�nutes of M�.y Q, 1g66 a� corl�ected,
Motion car�� 3
II � ANNGtJNC�'MENTS OF POSTPONEMENTS, etc .
� i'h�re v:-e�::•e norle ,
IV uTRI CGi�II�iCTNiCAT10N:S'
1, Letter addressed to Comm, I+'� o1�ch f_ rom James R, Car �y,
1 �ields Dr:ive, San Jose, r�g3�°ding a nev process
for preparinL renderings in colo?�,
Mo�Jecl b�T Com�mo Ficrg�.n, seconded by C�mm, �'rolich, L� for-
wa the above communica �ion to �:i°chitec�u� al and �'i �e
Cont:��o 1.
P�Zotion carried� 3-0
-1- .
y� t
.n� M�_TiL:��e� Ur tYl? Tfl�"�r 2 3 ? -�-JJ�� �'•1-3.1"lYl�_?'i� CyQ(17[il1S��<iTl '�'."t:;i �11�
�, An a�j�jance re�;or'c i'rotn the Coun� r Pl�.rlr��ng Lc��arf,rrier�c
on "Count�own '66":
12, 0�?3 Citizens in City of Cupertiiio
3 Persons per household
6. 6g�o Vaca:�cy factor, average of all resider���ial
zones
93 ,�55 People in Cupzrtino School District
3. Latest eclj_tion of "ORDINA�ICES REGULATIT?G RESIDENTIAL
ZONES" {in gold cover) diatributed i.o the Commiss�oners,
V V�RBAL COMMUNICATIONS
lhere were none.
VI HEARI?�lGS SC�iEDULE� :
���v-66 A, CAR�A�i'IOT1 CONiPANY. Variance to a11oTa additional sir�n
on side of buildin�, 1007 E. Estates Drive. Second
hearing.
The As:��..St�;.:� Plc^�.z^�ner. �aid the only questlon here is one
oi 3.ntey�i i°e �a'c�.on of the Sign Ctdina:�ce . Sec�cion << � 06
allows a si�n oiz e�.ch sicte �f �, buildin� whel�e tht busi--
r_ess faces �. p�.blic ri�;ht-of-vaay or �uUl Lc or priva�e off-
�tl�cet p�.rk�n�. The signs are to be computed separately.
Chairr,l�.r �Tirshon �.s?�ed for comments from t�e audience �
Tliere we�e none. Mr, Gus Goebel, of Carnation Company,
was present, l�ut had nothing to add.
Moved by Commo Frolich, seconded by Comr�, i�o7. �;an, to clo;�e
the public riearin�;.
f�YES: Com�n. Frolich, Horgan, Hirshon
I�TAYS : None
ABSENT: Comm, Traeumer
T•Zotion c�a.�ried, 3
Moved by Comme Fro�ich, seconded by Comm, Hergan, tha�
in accordance with the �ecommen�ation� of the City Planner
�.nd City A'ctorney, �he P].ann�ng Cocrim�ssion has made a
determination i,hat the signs as proposed k�y t�:e o ppl�-
cant are in compliar_ce with th� Si�n Crd and, �here�-
fore, no �'ariarice is required,
AYES: Comm, Frolich, Hor�an, Hii�shon
r���T�s : No���
ABSENT: Con�m. Traeumer
1`Zotion c�rr�ed, 3
_2_
P�-�R10 ���nu�.ES �f tne P�2,=�y 23, 1966, Ula,n��n�; Comn;issi ;n I�I�etirl�
The �ity Attorney adv:3.sed that if the up�li.canf v��ish.es �;o
request a refund for the Variarice appl�cation it mu�c b�
taken up wifh the City Council; the Pl�.n:��in� Comm�.ssion
does not have the power to authorize refunds.
7-V-66 B. COPPOLA'S PIZZA PARLOR: Variance to deter.mine if
thz•ee existing signs 10 sq, ft, in excess oi' square
footage allowed by Ordinance m�y remain - 100��0 S�
Sarato�a-Sunnyvale Road. First Hearin�,
The Assistanc Planner reviewed Section 1 ' :06 of the 5�_r n
Ordinance v�t�if�h the Planning Commiss7 on, as it p2r�ains
'co this application. The � ssistant Planner feels ,you
cannot total up all the allowable square footag� and
divide it up any way the appJ_icant wishe �; Y:O[�J2J�'I�� the
Building Depari,men'c has int�rpreted �l�e Ord�nar:ce as
permi�ting this i:� the paat.
The Cit�,T nttor�.ey said this is a corner building, yet
it isn''c o�� a corner lot. The painted sign on the side
of the buil d.'�n ; is of a tEmporary nature; it would be
obliterated with tk�ie construction of a building on the
corn_er �_ot ,
Cor�,m, F�os.ich vaas coricerned that a preceden� for pain�.ed
signs on the sides of buildings would be set h�re. There
��^� a lo� of' �buildiri�s ad jacent to ti•acant corner 1.0�� in
the City of Cupertino.
Mr. �oppol2�, �.2099 Covina Court, Sara �o ;a, said that i
he took over ihe busir�ess he had several mEetings wit11
�he H�-Cont��cl. �l'l�e determin�.�ion mad� at tne last �l�-
Contrvl mPeLirlg, which was approved b,y the City Council,
was to take down �he roo�' sign. He said he has no� done
this because it would cost him $50 anc3. his business i�
constantl�r runnin� in the red. In addition, he is on a
mon'ch-to-month lease basis, and has no idea hotia lon� he
��aill be permitted to stay there.
Mr. Coppola then said the isSue was brougnt bac�c again
and he went back to H-Con'crol and re.^,eiv�d a six-rnonth
extEns�_on of 'che present s��n �etupo �� the City Counc�l
mee�ing, it came out 'chat he is 10 sq, ft. over th�
allowable tii�n surf.ace, Chairman Hirshon asked Mra Coppo�a
� if i� is necessar-y��o his '+�usiness to have all three s�gns,
T�Ir, Cop?�ola said that it is.
Comm. Froliclz as?�ed the City Attorney, if t�e �ornmissi�n
mus� follow �che Building Departmen�'s intey�pretation of
the S�gn Grclinance in this case , lhe Ci �.y At�orr�e� said
this is true; the Building De�ai tmen'c �_s a d� �^ec'c a_r_m of
th� City Council. Ail permits cotne f��om that de� %a.��tmer�t,
ana the Building Inspectol^ ansv��ers to the City Counci7.
_3_
i'r-.R10 Minutes of the Ma;� 23 1966 Plannirl� Commission Ni��i-inU
MINUT� ORDER: P�Ioved by Comm. Frolich, seconded by Comma iiorgan,
to ask the Cit�r Council for � n inte.rpretation of Section
�:06 of the Si�n Ordinance, specifically referring to
that portion reading in part "on each side." It is re-
quested that the City Council make �. f�ndin� on this and
so instruc'c 'che Building Department and advise the Plannin�
Commission, It is tlze opin3.on of th� Pla.nning Commission
th�.t the wordin� was not intended to mean a cumulative
effect.
AYES: Comm. Frolich, Horgan, Hirshon
NAYS : None
ABSEl`IT: Comm, Traeumer
l�Totion carried, 3-0
Moved by Comm, r'rolich, seconded by Comm. Hor�;an, that this
matter be con'cinued to the ner'c regular meeting, i�' there
are r.o comments from the aud3.ence.
Mr. Coppola wanted to add tha'c he went to a11 the other
tenanzs in his compaex and noi�ody ob�ect�d �o his signs
and they were even trailling to come to this meeting to
b�.ck h�_m up, He would �ike this wrapped up tonight, if
possible.
Chairm3n %�irsl�.on said it may be to the advantage oF tne
upplicant as Uael1 as to the City to `have a Second Hearin�.
P�7oved by Comm, Frolich, seconded by Comm. Horgan, to
continue application 7-V-66 to the next re;ular meef;in,r�,.
AYES: Comm. Frolich, Horgar�, Hirshon
NAYS: None
ABSENT: Comm. Traeumer
Motion carried, 3-0
Comm. Frolicn saicl th� Commission would like a repori from
the Building Department �.s to tne �hree fronta�es that
this particular portion of the buildinz has, and on the
area of the roof si�n.
6 -v-66 C. BARRIE R. FREEMAN: Variance to increase heibht of
section of rear fence by addition of decor�ative
Screen -- 10301 Vicksburg Drive, First Heai�ing.
Photos and a plot plan were introducecl b�r the applicant,
Nr. Barrie P.. Freeman, 10301 Vicksbur� Drive.
_ L� _
PC-R10 l�'Iinutes of the Ma�T 23 zg66 Plaa.Zr,in� Commissicn P�Ieeti:�g
The Ass�stant Planner referred to details in his May 1'(�h
memo, and s�ated the staff recomrnend�d approval of �his
application, wi�h conditions.
Mr. Freeman said the reason 1 or pu��in�; up this screen �va.�
for privac��. The deckind is about 12' above the ground,
Mr. Caldwell, 10300 East Estates Drive, said he lives
directly behind Mr. Freeman and he ob�ects to this fence
because it is 92' to �0' high. He feels goin� 2' aUove
the 6' is suffic�ent. He said his trees are m�ldewin�,
possibly from lack of sunlight caused by this fence. He
feels there is a danger in erecting a 10' fence. In addi-
tion, Mr. Caldwell said it is unpainted on his side and
nails are s'cicicin� out on his side of :;.t . Mr. Freeman
said it wi31 be painted and he would cut off the nails that
are stickind out, It would be p«inted now, but he received
a notice tha.t it was illegal before he had a chance to
finish it.
The City Attorney advised that anything o ver 6' by way of
a fence historically has been determ�ned to be an imposi-
tion to those on the other side of the fence, He advised
the Comm3.ssion on how the 6' maximum height for fences
was established in Cupertino�
Mr, Freeman said he needs privacy from six active boJs
next door. He erected a decorative f'ence and tried to
make �t look nice on both sides. As to the question of
light and air, he said that at appraximately 10 A.M. �her�
is no longer any shadow caused by the fence. This decor-
ative screen is constructed only for �0' of the total 75'.
Comm. Frolich said tha�C even if both par�ies were in
agreement with �his, he was not sure tha� the City could
go alon� with it because it would set a prec�dent.
Chairman Hirshon asked the applicant if he could put in
some shrubbery that would block the view between the
homes. Mr. Freeman said his f.amily can be sittin� at
their kitchen table and see, through the w�.ndows, the
people next door siting at their kitchen table.
Cha�.rman H3.rshon said it mu�t also be 'caken into consider--
ation that this deck was there when the applicant bought
the house: Mr. Freeman said this is a'cemporary screen
until the trees become large enough to provide some
pri�racy �
The City Attorney said the City is full of 6' fences and
we all have to live with it. He cited a case where a m�n
built a scre�n-type thin� that was attached to his struc-
ture. A structure must be more than 5' from the property
line, however.
-5- .
PC_R10�_Minutes_of_the May_2 Ylannin�_Commission_�ZFetin�_
�
T�Ire Nick An�elopulos, 20378 Gillick Z�lay, : aid he lives r�ext
door to an 8' fence and understan�s the problem. �t his
home, by 3 P.M. there is no light or breeze because ol"' th�_s
8' fence. P�r. Freeman said h�.s nei�hbor gets the sunlight
from about 10 A.M. and on through the day. The wind ,oes
down between the homes, so that is not a factor in this
case.
Chairman Hirshon said that although he is sympathetic with
the applicant's position, he feels this is no� the type
of hardship which could allow a Variance to the Ordinance.
There are al.ternat3.ves, �.nd th� deck was in when he bought
the place.
Mr. Freeman asked if he could leave the screen up lon�
enough to get the t.rees growing, The Cit�T �lttorney ad-
vised that the Building Code has a clause for t�mporary
structures, He sugge�ted the applicant check with �he
Building Department on this.
l�2oved by Comm. Frol�ch, seconded by Comm. Horgan, to close
the Public Hearings.
Motion carried., 3-0
Moved by Comm. Frolich, seconded by Comm. Horgan, that
application 5-V be denied,
AYES: Comm. Frolich, Hor�an, Hirshon
� NA�Se None
�BSEN'i�: Comm. Traeumer
Mo�ion carried, 3-0
The applican'c was advised of his ri�ht of appeal. Chair-
man Hirshon called for a recess at 9:20 P.M. I�Ieeting
reconvened at 9:3� P.M.
5�-TM-66 D, JOHN E. SAICH (WATSON & ASSOCIATES): .Tentative Map
dividin� 1ot into three parcels - IdG1 corner of
Saich WaJ and StetTens CreeI{ Blvd. First Hearing.
The Plannin� Director said lots l and 2 are iri a CG Zone,
but lot 3 is an R1-10 �residential) Zone. Division into
three lots is before us this evenin�.
The Director of 1'ub3ic ��TOrks said �his map does conform
in every way with the Subdivision Ordinance.
Mr� Rennie ujatson, Los Altos, said the YMCA is consider-
ing purchasinJ lot 3.
_6_
P�P��t! U M�.nutes of the May 23, lyb6, Plann� ng Comrr,�ss�.or t�reetin.g
^lhe City En�;ineer said lot 3 drains to �l�e nortrieast �
There is no easement available now to �et the water oui,
to Beardon or.to the street to the north. It could dr�in
into Park Avenue, and the Ci�:y Engineer suggested this be
made a condition of an approval of this application,
Mr. �r�za�son said the basic reason for this Tentative Map
is for the YMCA to purchase 1ot 3.
The Assistant Planner said the Fire Department; was con-
cerned about access, but if this is �oing to be a part of
the YMCA, the problem will solve it,self .
Moved by Comm. Frolich, seconded by Comrn, Hor�an, to close
the Pt,lblic Hearings .
l�Zotion carried, 3-0
Moved by Comm. Frolich, seconded by Comm, fiorgan, tha�
applscation 5-`ifi7-6C be recommended for approval, with 'che
conditions that stree'c improvements are to be installed to
the satisi'action of the City En�ineer, ar�d that a sai;is-
factory arrangement of the drainage prok�lems will be
worked out.
AYES: Comm. F.rolich, Horgan, Hirshon
NAYS : I�l'one
A13SENT: Comm. Traeumer
Motion carried, 3-0
5-z-66 E . FRANKLIN--ti^�INDSOR DEVELOPMENT COMPANS� (FPANKLIN'�-BA��L) :
Rezoning from R1-7.5 to Administra'cive ana Profession-
al �ff ice {OA) Zone - Lo� l, mract 2551 approxirnately
500' east oi corner of Saratoga-SunnJvale Road and
Bollin�er Road, First Hearing.
An identical application has been Uefore the Planning
Commission befor�. It was denxed �.�,y ti�ie Commission L;r
a 3 vote on January ?5 z965 and an appeal was�denied
by the City Counci.7. by a!!-0 vote on �'ebruary 15, 1g65
The Plannin{� D�.rector �ave the Commissioners capies of
previous Minutes and Planning Departmen� memos, notin�
the PROS and CONS, and statin� tha�c nothing has changed
since that time.
Mr. D�vid Franklin, of Franklin-Bahl Development Company,
disp].ayed a rendering of the 1335 sq, ft, prof'essional
office building he would like to construct on this lot.
The design of the building closely resembles that of
the Town Center buildings,
-7-
PC-R10 NZinutes_of_the_May_23, Mec�ing__
M�. Franklin said that in the past, they have offered thi�
particular R1 lot for �2000 less than comparable homes ar�
selling for and there were no taker•s. People livin� on
Bollinger Road want to get rid of their homes because of
the traffic. He said the lot is an eyesore now, and tney
�ust can't move it, St was noted that the renderin�
showed 5' monolithic sidewalks, which Mr. Franklin said
was a mistake. There will be normal sidewalks and par�c-
ways,
The Planning Director cautioned that 'che site plan muat
conform with the Parking Ordinance. In addition, some-
thing more than just a fence should be along the back
property line.
Mr. Franklin said that the last time this application for
rezoning was reviewed, a petition was submitted with
quite a few signatures, but the s'catement at the top of
that petition was not altogether true. He felt that a
lot of people si�ned the p�tition because of that state-
ment.
The question of NO P�IRKIN� signs along Bollinger and
Clifden Way on this property was brought up. The
Director of Pu�lic udorks said they have no ,justifica-
tion for NO PARKI�TG signs; perhaps a LIMITED PARKING
type sign would sufficee
Mr. Jack Bumgardner, 20352 Gillick Way, said the people
there have not chan�ed their ideas on this rezonin�;
. applic�.tion. He feels this is a test case; if this goea
commercial, all the homes �,long Bollin�er could con-
ceivably �o commercial,
Mr. Bill Timmers, 203�3 Gillick Way, feels the property
owners bought �his property for speculation. It is an
eyesore because the property owner has let it go that way.
Mr. �lilford L�lilliams, 203?_g Gillick Way, does not want
to find himself in the same situation he just moved away
from: an R1 area in which commercial was gradually moving
in.
Mr. Nick Angelopulos, 20378 Gillick Way, feels the appli-
cant bought the property with the intention of havin� it
rezoned, He offered to buy it for �'�2Q00 less than it was
worth. He said this has been owned by three different
par�ies with the intention of building a home on it. He
challenged Mr. Franklin's statement that FHA and the banks
will not loan money to build R1 home on it.
-8-
?'C�R1_0 Minutes of the Niay 23, 1966, Planning Commission NIeeting
Mr. Franklin said he did not buy this 1ot for speculation,
All they build is R1. Their business is in Cupertino and
�hey wan� to retain the f�ne relationships they have had
with the City. Chairman H3.rshon asked what is goin� to
happen to this lot if the application a.s denied, and it
is not feas3.ble to build Rl on it.
The Planning Director said a g0' street is not a good
location for a home, nor for an apartmen�c house or dup�ex.
OA z,oning would, though not ideal, be about the least of-
fensive use here.
Moved by Mr. Frolich, seconded by Mr. Horgan, that the
First Heari.ng be closed .
AYES: Comm. Frolich, Horgan, Hir°shon
NAYS: None
ABSENT: Comm. Traeumer
P�fotion carried, 3-0
80, 07.1 F. ORDINANC� 331: UND�RGROU�ID UTILI'I'IES, First Hearin�
81, OGZ! co ntinued. (Numbers of Sections refer to the Four'ch
Draft. )
3:1 No further comments were made.
5:1 The wordin� of the Fourth Draft was accepted.
7 I� was decided to divide Section 7 in two sections
"Exceptions through Administrative Procedure" and
"Exceptions �hrough Securing of a Use Permit," as pre-
sented on pa�es 7 and 8 of the Fourth Draft,
7;L! The Planning Director brought up the problem that some
park areas may be under the supervis�_on of the Park and
Recreation Commission, others not (e.g., County parks),
The Commission decided that the paragraph should be
reworded, reflec�ing the intent---that the City Planner
should consult with the proper�'',�uthori`ty�.'�
aesthetics of lines
7: 5 The Planning Director was c�ne;er•r�Ea aUvut �;he /wi:tn' �u��lta�e
between 22,000 and 50,000. H° was tol.d by P,G.BcL, there
were a�t presen'c no such lines in the ar�a, and they w�re
not likely to be introduc.ed, though the Ordinance should
not exclude �he possibili�y; The wording was changed to:
" minimizes obstruction of view �.nd is aest;�et�cally
.....
compa�ible w�'ch the. area,"
7;2 Add: "....unless t�ey are required by some other Ord-i.nance
of the City of Cupertino."
-9-
PC�R10 Mirra�es of the May 23 1g66 Plannin� Commission Me�ting
------------ ---------�-------------------- �_----_.�._-------•------
8;3 Mr. Jim �'Brian, of the Builders' Associat�on, feels there
might be some grave in�ustice placed on.some.developel�
whose construction migh� be; say, 90� completed, The Com-
mission pointed out that �f the Ordinance specified 600,
the same fee�ing wou?d result if an area were 59% com-
pleted. Sec�ion 7:1 provides an escap� clause. It wgs
further decided to insert "act of God."
The Severability Clause must include some verbage referring
to decisions by the Public Utilities Commission. �-
Moved by Comm. Frolich seconded by Comm. Horgan, that the
Public Hearings on Ordinance 331 be closed.
AYES: Comm, Frolich, Horgan, Hirshon
NAYS: None
ABSENT: Comm. Traeumer
Motion carried, 3-0 ` '
Moved by Comm, Frolich, seconded by Comm. Horgan, to re-
commend adoption of Ordinance 331 in its current version.
AYES: Comm. Frolich, korgan, Hirshon
NAYS : None .
ABSENT: Comm. Traeumer
P2otion carried, 3-0
VII UNFITTI:SHED BUSINESS
The Director of Public Works presented amendments to Ordi-
nance 21 Sec. 3:1 is being revised, and Section 3;L'
will be added.
VIII NEW BUSINE�S
The Planning Director said the question of namin� parks and
neighborhoods is now before the Council. He had distri-
buted a memo emphasizing the importance of neighborhoods
functioning as �. unit and that this could be helped by
naming them. A�tached were examples from Stockholm, where��
neighborhoods and subway stations usuall� are named for old
farms in the same location, thus preserving traditions.
It would be desirable to do something similar•in Cuper�tino where
possible.
IX ADJOURNMENT
Moved by Comm. Frolich, seconded by Comm. Horgan to adjour�Z
at 11:30 P.M.
Mo�ion carried, 3-0
11TTEST: APPROVED:
� Jack Hirshon
Direczor o lann n� _l�_ a rman