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PC 11-27-61 10321 SO. SARATOGA.-SUNNYVALE ROAD C IT Y 0 F CUP E R TIN 0 CUPERTINO, CALI?'ORNIA AL 2-4505 MINUTES OF' TIill REGULAR MEETING OF THE PLANNING COMMISSION, Novemb.er 27, 1961 PLACE: TIME: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL: COmmissioners Present: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Small None City Manager, City Attorney, City Engineer, City Clerk MINUTES O~ THE PREVIOUS MEETING: November 14, 1961: Commissioners Absent: Staff Present: The minutes of the November 14, meeting were approved with the following correction: Page 1, paragraph 10, should read "Commissioner Fitzgerald asked the applicant a question, to which the answer was that he has a lease of one year ...". III COMMUNICATIONS: A. ]¡h'i tten: (1) County Planning Commission: Agenda for December 6. (2) County Planning Commission: Summary of Actions, regular meet~ng of November l5. (3) County Planning Commission: Copy of application of Gordon Beckstrom for change in zone from R-l:B--2 to C.:.l; west side of Mountain View-Stevens Creelc Road opposite McClellan. (4) County Planning Commission: Copy of application of Douglas McHughes for a use permit for a church, north side of Orion Lane, 445' west of Stelling. (5) MacKay &. Somps: One copy of Tract'3086, Bélmont. (6) San Joaquin County Planning Dept.: PÐ,mphlet entitled "Public Planning, a Guide for County Development". B. Verbal: None IV HEARINGS SCHEDULED: A. PAUL JI".A,RIANIj SR. &. MATHILDA SOUSA: Application L!1-2-6l to rezone 1,314' x 337' at the southeast corner of Lucille &. Highway 9 fromA-2:B-4, R-3-H and R-l to C-l-H. Second Hearing Continued. The Chairman referred to the fact that 3 new applications are on the agenda under the names of Poso, Rodrigues and Excell, plus the other Mariani application for 65 acres. He aslced Mr. Jl"ariani if he would like the Planning Commission to consider these 5 applica- tions together. Paul Mariani, Jr., agreed that this is a cooperative' effort on the,part of the 4 afol'ementioned applicants, for improvement which would be a benefit both to the City and to the land owners, and that therefore, at the pleasure of the Commission, it might be well to handle the hearings jOintly. The Chairman said that the Conrnission is still awaiting the professional planner and would like the benefit of his advice on these five applications. COmmissioner Leonard said that he read in the San Jose Mercury that the State has acted favorably on the federal grant to Cupertino, -1- thus making 2/3 of the necessary money available for the preparation of a General Plan and the corollary ordinances. He said it is reasonable to assume that the Planning Consultant will show up sooner rather than later. In the meantime the Planning Commission might very well braclcet the applicat:Lons listed as IV A, B, C, D, and H, so that one presentation can be nEde with one set of maps and pertinent data instead of rehashing the same material and same ideas 5 times over. He then proposed that the Commission continue these 5 hearings to some definite date, perhaps in February. . The Chairman posed the possibility of closing the first hearings on B, C. D and H, so that the 5 applications would have the same status and be in the same station. He asked the applicants about their preference. Carl 'rucci, representing Poso and Rodrigues, said that he wants to go along with the Mariani applications. Mr. Excell said the same. The Chairman called on the audience for any cormnents inasmuch as it is a published public hearing. No one in the audience made any comments, except Mr. Mariani who stated that he thinks the Poso, Rodrigues and Excell a.pplications are very much ill line and he thoroughly approves of them. Commissioner Leonard mentioned the possibility of closing the first hearings on items IV B, C, D and H, with the second hearing to be held at the first meeting in February. He then referred to the fact that it is a published first hearing and therefore it might be prudent to continue the first hearing rather than close it, so that it would be a first hearing actually, and not merely in name only. This would give the publj,c and possibly the Planning Consultant, the opportunity to hear any and all deliberations. Paul Mariani said that he would be glad to hold a study session at any time with the Planning Consultant. He favored the closing of the first hearings so that all 5 applications would be at the second hearing stage when next on the agenda. The Chairman asked the City Manager when they might be able to work with the Planning Consultant. Mr. Storm an:31'1ered that some time after the first of the month the Planning Consultant will be avail- able for a joint session with the City Council and Planning Com- mission. At this time, or some other time, it could be suggested that these applications are pending and request review by the con- sultant. He added that he is sure the consultant will give careful scrutiny to the applications, seeking out the whole zoning picture before hazarding an opinion on these particular applications. Chairman Small then said it m:tght be well to continue the applications until sometime in January. He asked the City Attorney for his opinion. rÆr. Anderson replied it has been a Cupertino practice to hold a full scale first hearing, but that after the hearings have been closed, additional study sessions have often been held. He advised the recognition of an actual hearing which would mean continuing the first hearing to some future date. He suggested a continuance until January, with republication so announcing. }æ said a motion to that effect would certainly be in order. Commissioner Leonard wondered about setting a date which would be acceptable to the Planning Consultant. Commissioner Frolich said suppose the Planning Consultant should decide that this group of applications should be considered under another classification. . The City Attorney agreed that this is conceivable and he advised that the hearings be held and such decision be made afte!' the hearings. Comndssioner Leonard suggested that a motion be made to the effect that items IV B, C, D, and H be continued as first hearings to the first regular meeting in January, with new publications therefor. ·-2- The City Manager advised that the Planning Consultant will charge ':>100 or $150 per night. The schedule should be arranged so as to utilize his time most errectively. Commissioner Leonard said there would be ample grounds for criticism of a public bOdy i~ we close the hearings 'with no more discussion than has been presently heard. Paul r~riani asked the Chairman to put the hearings on a workable basis, making the 5 applications second hearings, so that they are all at the same stage and can be considered concurrently. The Chairman explored the possibility of study sessions ,on the subject, which he noted however, are not the same as public hearings. The City Attorney said he could see no reason to peremptorily close a public hearing in order to get one application on the same footing as another. Moved by Commissioner Leonard that items IV B, C. D. and H be continued as first hearings to the first regular meeting in January, with a new publication therefor. Seconded by Commissioner F!'Olich. AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Small None None 1-0 NAYS: Commissioners: ABSENT: Commissioners: MO'I'ION CARRIED: B. PAUL MARIANI: Application 25-2-61 to rezone 65 acres from A-2:B-L" R-3-H & R-l:B-2 to C-l·-Hj 13.5 acres at the northeast corner of Mariani & Highway 9; 29.5 acres at the southeast corner of Mariani <1; Highway 9; n.5 acres at the northwest corner of Highway 9 & Mal'iani; 10 acres on the west side of Highway 9, 329'south of Homestead. See item IV A above. C. ANTONIO POSO: Application 46-2-61 to rezone 12.6 acres adjoining the east side of llighway 9, 420' south of Lucille from A-2:B-4 to C-l-H. First Hearing. See item IV A above. D. RALPH RODRIGUES: Application 41-2-61 to rezone 13.1 acres from A-2:B-4 to C-I-H; west side of Highway 9, about ISO' soÜth of a pro- Jection of Lucille. First Hearing. F. JACK DYMOND CO.: Application 44-2-61 to rezone 11.36 acres from A-2:B-2 to C-I-H, R-2-H & R-l; west side of Mountain View-Stevens Creek Road, south of Monta Vista School, north of Alcalde Road. First Hearing. Tentative Map. Gene Mastin, representing the applicant, posted a map and out- lined the location of the surrounding streets, subdivisions, school, etc. He stated that the present application answers the objections presented to the former application which was denied by both the Planning COmmisSion and City Council. He referred to letters in the previous file to the effect that sewers are available, as well as water, and that they have an O.K. from Mrs. Voss on the street pattern. In anS\~er to a question, he said that the applicant has no plans for the commercial plot at this time. Commis'sioner Leonard said that commercial is usually discouraged near or adjacent to a school, being considered an attractive nuisance. Mr. ~1astin assured the Planning COmmission that there would be nothing untoward in such commercial, no peddling of dope, etc., and that it should not affect the school adversely in any WQY. Commissioner Snyder aslced about access from the south, that is, the Voss property. The Chairman asked Mrs. Voss to state her feelings, referring back to Mr. l<lastin at the same time. Mr. Mastin said that it woulè¡ be no problem to stub the street in instead of usil1~ cul-de-sacs. -3- Commissioner Fitzgerald said that he agreed with Commissioner Leonard that it was .0. poor place for commercial, alongside the school. Mrs. Voss said there Here several things that she would like to have talcen into consideration, particularly the grade on this property which rises, she said,. three feet in every hundred. She said that she wants to see the property graded so that it drains into the street, not onto the Voss property. If the roads do not dra~n onto her property she has no objection in that respect, she said. Also she said the applicant can put up a fence around the property to prevent the accwrrulation of debris on her land. She said she has no objection to stores in that area, although people should lreep in mind that Mountain View-Stevens Creelc Road carries only one-way traffic at that point, meaning that any stores would have to be supported by people living in the immediate vicinity. She concluded by saying that she has no objection so long as the property does not get rubbish or water. She added that she has noticed a big difference in the traffic on the Mountain View-Stevens Creelc Road since the golf course opened a few days ago. The Chairman noted that the, Mountain View-Stevens Creek Road is going to be a 90' road and asked whether there are any other ideas other than commercial on the frontage. r~rs. Voss interjected that she has already given 10 feet of right-of-way on her side of the road and she fig1-!res that there will only be about 10 feet more to go on her side, .'lith the balance of the 90' coming from the east side of the road. She said that the land across the street from the application was zoned R-2 by the County about 2 weeks ago. She said that she has asked the County to study the feasibility of duplex zoning for all of Inspiration Heights. Mr. Mastin again assured her that the lots will drain into the street. The Chairman said that the questions before the Commission appeared to be those of commercial on the frontage and the opening of one or more cul-de-sacs. He observed that Alcalde is a 40-foot dedicated street. Commissioner Leonard said that it is good planning to provide for future street patterns. In this way, adjOining property must be taken into consideration even boyond the preference of the present property owners. vJhen property is sold, he said, the new o.mer may contemplate different things than his predecessor. If a fence is placed around the property he said there should be no problem regarding stub street~ as opposed to cul-de-sacs. The stub street would allow the City to have the street continued at some future time when it might be con- sidered desirable by all parties. r~rs. Voss stated, with respect to the westerly cuI-de-sacs, that the property to the south of that lies in separate ownership with 6 houses directly in line with the present street. Commissioner Snyder said he agreed with Commissioners Leonard and Fitzgerald that the C-I-H and the access are questionable. Ee would like to see an alternate plan presented at the next hearing, eliminatJ.ng the commercial. He said that multiples on Mountain VieVl- Stevens Creek Road are more desirable than commercial, Vihich he called inappropriate alongside of the school, adding further that there is sufficient commercial nearby. ' Don Excell stated that driveways backing onto Mountain View- Stevens Creek Road would not be geod. He asked if this is what Mr. Snyder is proposing. Co~missioner Snyder said that an entrance could be provided from the north. Mr. r~stin said that he would be willing to elininate the C-I-H from the discussion. In fact, he said, they prefer to have this phase of the rezoning discarded. Comnnssioner Leonard said that the present R-l element and the R-2 have resolved many of the original objections. With regard to the C-I-Hbecoming multiples, he said that this would run the denslty -4- up a bit .and he is undecided as to whether R-2 would be good to sub- stitute for the proposed c-l-H. Mr. Mastin asked the Commission ir he could eliminate the C-l-H district from the application. The City Attorney advised the Planning Commission that this could 'be done, with the còr¡currence of the Planning Commission and the change to be shown or¡ the face of the application. The City Clerk read letters or¡ the subject of the ter¡tative map from the following agencies: County Plar¡ning Commission, City Engineer, Cupertir¡o Sanitary District, Division of Highways, County Health Department, County Flood Control and Water Conservation District, and Cupertino Union School District. Moved by COmmissior¡er Frolich that the first hearing be closed. Seconded by Commissioner Leonard. AYES: Commissioners: Adamo, Fitzgerald, 'Snyder, Small None None 7-0 Frolich, Leonard, Rampy, NAYS: Commissioners:' ABSENT: Commissioners: MOTION CARRIED: E. MACKAY & SOMPS: Application 43-2-61 to rezone 8.4 acres from A-2:B-4 to R-l; located between Randy and Blaney, north of a projec- tion of Mariani (Merritt). Second hearing. Tentative map, 35 lots. The Chairman opened the hearing and called for opinions o,r ob- jections from the audience. No objections were made. The City Clerk read letters in answer to receipt of the tentative maps from the following agencies: City Engineer, Cupertino Sar¡itary District, Division of Highways, California Water Service Company, Santa Clara County Flood Control and Water Conservation District, Cupertino Union Schòol District, and County Health Department. The City Engineer's letter mentions the storm drain problem for this subdivision and lists a possible solution as a series of in-tract dry wells on a temporary basis to serve the. tract until such time as the storm dr'ainage line on Blaney is completed between Nlarlan:L and Homestead. The City Engineer stated verbally that the time of construction may allow the builder to proceed without toò m'.lch rainfall on the basis that the storm drain line may be ready by the time it is needed. In answer to a question by Commissioner Adamo, the City Engineer stated that the storm sewers will have to be installed and capped at this time. Moved by Commissioner Fitzgerald that 'the second hearing be closed. Seconded by COmmissioner Adamo. AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Small None None 7-0 NAYS: Commissioners: ABSENT: COmmissioners: MOTION CARRIED: Moved by Commissioner Fitzgerald that the application 43-2-61 for rezoning and the tentative map be approved and recommended to the City Council subject to Exhibit B, items 1 - 12, and subject to the storm drain requirements of the City Engineer." Seconded by Commis- sioner l?rolich. AYES: Commissioners: Adamo, Fitzgerald, Frolj,ch, Leonard, Rampy, Snyder, Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: -5- G. CITY TITLE INS. CO.: Application 34-2-61 to rezone 7.6 acres from R-l to R-3-H, east side of Calabazas Creelc, '~OO' west of Miller, ~(46' south of Stevens Creek Blvd. Second Hearing. Continued. Postponed. H. DONALD A. EXCELL: Application 45-2-61 to rezone 11.02 acres from A-2:B-4 to C-I-H; west side of Highway 9, ':'50' south of Home- stead Rd. First Hearing. See Item IV A above. I. CALIFORNIA WATER SERVICE CO.: Application 15-U-61 for Use Permit to establish public utility use for well, aeration tank, pumping facilities, etc.; located at intersection of Wolfe Road and Calabazas Creek. Jeptha Wade represented California Water Service Company. He reviewed the proposed location with respect to the surrounding streets, natural barriers, zoning, etc. The proposed well is situated in an R-3-H district to be used for four-plex housing. He said they have worked the location out with the builder, putting the proposed well in a corner near the creek so that any waste water during the development would drain into the Calabazas. The facility will be surrounded by a cyclone fence. Commissioner Leonard said that the drilling of wells by public utilities is an excellent method of making land available to the subdividers. He said there are 2 or 3 agricultural wells within a quarter to a half mile of the proposed site and the possibility exists that this well might run the others dry. He said he would like to see this matter go over two weeks so that owners of the agricultural wells nearby have an opportunity to study the a~plica- tion and its possible effect on their water supply and orchards. He said that the proposed well could affect 200 or 300 acres and that the adjoining owners should be advised. Mr. Wade said, that California Water Service is discharging its responsibility to the community to supply domestic water, water for fire protection, sanitary purposes, etc. Since the subdivisions in the neighborhood are already an accomplished fact, he said that the utilities must be available to serve these houses, expecially in view of the fact that no imported water will be ready for next summer. He described the well as about 600' deep. He said the only other well that California Water Service has within the City Limits is located near Greenleaf Drive and pumps 350--400 gallons per minute with the aid of a 60 H. F motor. He aclmowledged that California Water Service Company has no right at all to interfere with the prior rights of existing agricultural owners. Commissioner Leonard said that a hundred aC!'es of subdivision uses more water than a hundred acres of orchard, and it is common knowledge that the valley needs more water. He called it chaotic procedure to pump agricultural wells dry thus requiring the owners to sell to subdividers which in turn increases the demand for water. He is not worried about supplying water for subdivisions which have not yet been built. Moved by Commissioner Leonard that the matter be continued to the nest regular meeting for the purpose of informing the agricultural owners within one-half mile of the proposed site, by letter. SecondeC: by Commissioner Adamo. AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: J. CUPERTINO PROPERTIES LTD.: to allow a rear yard setback of 1 lot, where ordinance requires Application 16-v-6i for a variance 10' on 2 lots, 12' on 1 lot; 17' on 20'; lots 10, 13, 17, 18, Tract 2880. George Oakes represented the applicant and described the layout of the houses proposed for the site, indicating the family room, -6- kitchen, active areas of thehou~e, ncrting that the yard area is used primarily for outdoor living. Moved by Commissioner Leonard that in view of the difficulty wi th the terrain of these lots, that the variance be granted. Seconded by Commissioner l"rolich; AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Srr.all None None 1-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: K. CUPERTINO PROPERTIES LTD.: Application l7-V-6l,for a variance to the rea yard setbaclc for lots 200, 202 and 229, Tract 2860. Mr. Oakes indicated the possible positions of the houses on the lot in blue for one case and in red for another. He said the house can be made to conform to the setbacks by building it as indicated by the red outlines. However, he said that they prefer to build it as shown by the blue lines which would then. require a variance. It is possible to make the use comply with the building restrictions and ordinances. Commissioner Snyder said ,qi th reference to the utiÍi ty' areas in the back yards, that it is possible to look up one day and find your- se]f staring at your neighbor's incinerator and possibly the living areas would be better if they are adjacent to one another. Commissioner Leonard said that the blue portions appear to give better spacing than the outlines shown in red and that the blue would be a better position for the owners of the houses involved. This observation would apply to lots 200 and 202. On lot 229, Mr. Oakes said that he could not honestly say what will be the eventual use. Lot 229 is located on the west side of Portal, whereas the other 2 lots are east of Portal and north of Auburn. Lot 229 has about 12,000 square feet which the residents of the subdivision are aslcing the builder to convert to a recreation area. However, F.H.A., in their financing program requires a builder to put a house on each lot. The builder is considering and negotiat- ing for a different use and does not intend tó build a house on it at this time, although it must be presented to ~.H.A. as such. Moved by COmmissioner Leonard that the variances be granted on lots 200 and 202, and that a variance be tentatively approved on Lot 229 in the event no other use can be found. Seconded by COmmissio;ler Frolich. A l'ES: COmmissioners: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Small Snyder None 6-1 NAYS: COmmissioners: ABSENT: COmmissioners: MOTION CARRIED: L. ORDINANCE 89: Sign O!'dinance; review of regulations on sign size, etc. Continued. The Chairman asked the Building Official to state his views on the sign ordinance. Mr. Benevich said that he would like to let the builders spealc first since they are present and he does not actually know what they are aslcing for. Mr. Oakes' spoke at length on the ordinance. saying in essence thai, the motoring public should be given consideration for the fact that if they must operate their cars, often in heavy traffic, and look for sign posts to guide them at the same time, the easier the City makes it for the motorists to see something, the better it is for both the local merchants and the driver himself. On that basis, he said that signs more than 100 sq. ft., in area are needed. He said that the outlying boards should get fUrther considera- tion, either by a new interpretation of the surface area or by -7- extending the requirments to over 100 sq. ft. Be has no objection to submitting the copy on his billboards to the City or to the H Control Committee for them to examine with reference to propriety, good taste, etc. He agreed that the unbridled use of banners, pennants and the like are not to the betterment of the community. However, the proper use of banners is a legitimate means of merchandising and it is an accepted standard to allow some form of banner, flag, or pennant - so many square feet in relation to the display area or in relation to the model homes, He suggested the establishment of penalties if such flags are not kept clean and fresh. There is no question of their being distasteful or creating a spectacle, he said, ahd he has been allowed to use them in other towns. It is poor advertising to allow torn banners. An occasional lapse or mistalÅ“ does not mean that the entire method of advertising should be pro- hibited and the "holier than thou" approach is not warranted. He suggested that the City set a fee to guarantee that they will be kept in proper shape. A large investment such as a subdivision must certainly indicate that the owner should be allowed to present in his own fashion to the public, with advertising proportionate to the money invested. Ward Crump said tl~t he had been strongly criticized for fa~ling to present his subdivisions properly. He said that he has an in- vestment of $1,500,000.00 in Baywood and he has been called fool- hearty for the way in V!hich he has advertised, or failed to advertise his subdivision. This has bee;] brought home forcibly our own residents who have told him they did not kDOW the subdivision on Blaney Avenue existed. John Rodrigues said that the intent of the ordinance is good and he recalls working on the ordinance as a member of the Planning Commission. However, he proposed allowing the fees to be regulated so as to permit policing of the signs rather than stick with the hard fast rule of 50 sq. ft. per sign. The Building Official, Mr. Benevich, said that the subdivision directional signs can be 50 sq. ft. now in contrast to 32 ft. originally. He also said there is some feeling that pennants should be permitted. He called attention to Section 4.024 which provides that "the surface of any subdivision directional sign m¡;,st not be less than 250' in distance from any other subdivision sign surface. This certainly restricts builders within the tovm since other builders with subdivisions outside the City Limits may at the present time advertise within Cupertino. Therefore, Cupertino builders must keep 250' away from signs advertising subdivisions out- side the City Limits. Mr. Benevlch presented a draft of a proposed ordinance which would be Ordinance No. l2l(A), amending Ordinance No. 121. The Ordinance reads as follows: "No signs shall be erected within the City which have for their purpose the adver'tisement of subdivisions lying without the City. Such signs shall be deemed lawful signs for a period of six (6) months. At the expiration of such period, they shall be deemed unlawful and subJect to removal in accordance with the provisions of Ordinance 89(A)." He said this would allow more signs to Cupertino builders with- out increasing the si~e of the signs, and, as stated, it would pro- hibit outside advertisers. Commissioner Frolich asked about the possibility of retaliation. He said he thought the idea is O.K. but that other cities might de- cide to enact similar clauses, thus prohibiting Cupertino builders from advertising outside the confines of Cupertino. He said he has noticed Cupertino subdivisions advertised outside the City Lindts. l~r. Oalces agreed that such a provi sion could snowball. Commissioner Frolich said he is incHned to agree with the builders although he doesn't want to see the other sign requirements changed, meaning signs advertising commodities other than subdivisions. The use of the H Control Committee might make some relaxation of the sign ordinance palatable. -8- Mr. Benevich said that increasing the size of the entrance signs very much might bring difficulty, especially ìf the entrance to several subdivisions are close together such as on Blaney Avenue. Comm1ssioner Frolich said that he Is referring to major arteries in mentioning the possibility or incre~sing the size or the signs, such as Stevens Creek Boulevard and Highway 9. Mr. Oakes said that there is definitely a direct relation between the sales and advertising. Commissioner Leonard said that the present sign ordinance might very well remain Tor signs falling into the billboard category, hastily made and representing no substantial construction cost. But for expensive signs or entrance markers using brick, masonry, or decorative rock, 'planting:, etc. , it might be pass! ble to score the sign on the basis of the copy area only, not counting the fancy work surrounding it. In this way, it might be pOssible to keep within the present formula by routing such landscaped signs through the H Control Committee, and counting the lettering only and not the surroQ~ding planting, brick, etc. Commissioner Snyder rererred to Section 4.08 andfol¡owing, asking that these clauses might not resolve the problem. . The Chairman suggested that they allow the ordinance to stand as is, but use the H Control Committee to make the necessary interpreta- tion. Commissioner Snyder suggested that the sign ordinance be thrown into a subcommittee with the Building Official to serve. Commissioner Frolich proposed that they send copies to the builders as with the professional and industrial park ordinances in order to get the benefit of their opinions. Mr. Benevich said that as far as he knows, the emphasis is on the subdivision signs, not the subdivision directional digns. The City Attorney agreed that the H Control COmmittee and the variance provisions in the ordinance afford the bUilder a certain amount of latitude. The directional sign restrictions hold down the outside builders, he noted. Entrance signs can be given special consideration. The Chairman appointed a subcommittee to study the sign ordinance, composed of Commissioners Snyder, Fitzgerald, Leonard, and the Building Official, Mr. Benevich. M. ORDINANCE 002(h): Amending Ordinance No. 002 which ordinance incorporates Ordinance NS 1200 of the County of Santa Clara by repealing "Professional Office District" classification and adding the classification "Professional Administrative Zoning" (l'A-,rr) and further by adding the classification "Light Industrial Park Zoning" (Ml-PH). Public Hearing Continued. The City Attorney stated that he has prepared another version of Ordinance 002(h), the draft of November 16, which will be stencilled at City Hall for distributiO'l to the Planning Comrr.ission. He described this professional administrative zoning as more restric- tive than C-l-H and designed in part for districts on the perimeter of the existing comnercial zones where more restrictive usage is desired than provided by the straight C-I-H zone. Commissioner Leonard said that the City COuncil seems agreeable to an ordinance provid,ing for a professional and industrial park district on a rather massive scale, although some Councilmen seem to ravor a less restrictive zoning district for owners in more congested areas and involving smaller acreage. If the proposal is a zoning district on an urgency basis or one t~t would become a permanent urgency ordinance, he suggested that it might be designed for some- thing around one acre on professional district and five acres ori industrial plots~ whereas the professional and industrial park zoning is intended to encompass much bigger projects. -9,,:, The Chairman asked what would prevent pyramiding of small parcels through such an urgency ordina.nce. The City Attorney said that he does not want to comment on pyramided zoning since he has already given a view that basically it is correct. In view of the fact that the legislative body appears to be opposed for the most part, he said, it might be possible to employ limited pyramiding such as cumulative zoning within residential districts. He also said that it would be proper, the City Council willing, for the Planning Commission to render a report on the pro- posed PO-H urgency ordinance. Moved by Commissioner Leonard that the hearing be contj.nued to the next regular meeting. Seconded by Commissioner Snyder. AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard, nampy, Snyder, Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: V UNFINISHED BUSINESS: A. C-2 ORDINANCE: Referred to the Planning Commission by the City Council. Subcommittee report on Ordinance 002(g). Commissioner Leonard made the report for the subcommittee. They have reviewed other C-2 ordinances a.nd analyzed the dis- tinctions between heavy and light commercial uses. Light commercial uses are usually designated C-l, whereas the heavier commercial uses are designated C-2 and C-3. The C-l is generally compatible with R-l, the structures usually being one story with 11 ttle traffic, and of a service type for the benefit of the residential community, 8,nd representing no great peril to children. He listed grocery stores, balceries, barber shops, butchers and similar businesses as typical of C-l zones. All night operations are usually eliminated from C-l zones, such as 24-hour service stations, drive-ins, etc. The C-2 permits uses which are drawers, such as around the clock service stations, banks, title companies, etc. These are often constructed with more concrete, more illumination and off-street parking. Other examples would be auto a.gencies, auto repair shops, dog hospitals, and other occupations where the noise level is up. The Chairman said that the City certainly needs an ordinance of this type so that all conrnercial uses do not fit into C-1. The City Attorney said that the present draft, dated September 26, is simply a copy of the County ordinance, with a few exceptions, namely limited pyramiding and off-street parking. It is proposed as simply a temporary urgency ordinance designed to cover the si tua ti01'l until passage of the permanent ordinance supported by the Planning Consultant. He said that he would submit another version of the ordinance to the City Hall during the com:tng weelc, which could th2!1 be stencilled for distributicn to the Planning Commissioners. Commissioner Frolich said he thinks it should be tur,led down, lest it cause a conflict 1iÜth the future zoning districts and classification and nomenclature proposed by the Planning Consultant. Commissioner Leonard said that bringing up the question of the list methQd of zoning as opposed to the category- or principle type of zoning, this matter has been discussed periodically by the Planning Commission, especially by Commissioner Leonard~ There is a distinc- tion between zoning districts which employ lists of uses as the basis of the ordinance and zoning districts, which include a statement of principle and theory. This latter method desoribes the type of use intended or permitted within a certain zoning distrlct, rather than attempt to Est each individual operation individually. Some people hold that in this way loopholes are prevented, thus keeping out uses which by means of a little distortion fit into a list, whereas they do not fit a general principle. ' -10-