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April 27, 1965CJ :r 10321 So. Load 252-4505 Cupertino, Calif, 95014 I T Y 01 C rJ P R T: r ri 0..:. MINUTES OF' THE H--CONTROL CCNi;: _1`_,`FE MZEPING OF A _1RTL .17PLA NG COMMISSION TIME:'." GO. -CO F ' M I �f MAY 4 1965 PLACE.: City Hall, Bilildi_ J Depa-•tment I ROLL CALL Committeemen present: Filch, Nlzzum, .i' ,.ropy., Small, Horgan Committeemen. absent: None Staff present: Chief Bldg Inspector, Bill Benevich City Attorney, Sam Anderson Recording Sec,retary, . Lo.is Inwards II COMMUNICATIONS A. Written ---- None' B. Verbal ----- None` III MINUTES OF H=COhi'.!' C��� ?.IEETIT?C�. �t+�. APRIL 13, 1965. Page 1, Item I11 1. Mr� Fitch would like it to read as follows: "If the newspapers &-re not p.e.r7_ora:lly represented, they are fully responsible for what they print in their papers." Moved by Mr. Nuzum, seconded by Mr. Rampy, to approve the Minutes -of April 13th as corrected. Motion carried, 570 IV APPLICATIONS A. Application 179-HC-65, C. P. Bedford & Sons, Inc., 780 W. Grand Avenue, Oakland, requesting Architectural & Site Approval to construct a convenience market to be located on Wolfe Road, adjoining the Mobil Oil service station,on Stevens Creek Blvd. &— Wolfe Road. This item was put over on the agenda since the applicant was not present at the time it was brought up. B. Application !3O-IIC-65, C. B.. Chrisman, requesting Architectural and Site Approval to*concstruct professional buildings on the west'side of Torre Avenue, east side of Chrisman property in Cupertino "'own Center. Mr. Chrisman presented elevations of the proposed medical - dental complex, consisting of 9-suites, It will have a bathtub style flat ceramic the roof and exterior of red- wood, masonry and glass. There will 1�e a,false parapet on the roof to conceal the necessary appurtenances. The same type of roof math _-J_a1s will be used throughout the whole ten acres;' the only changewill be variation of the colors to relieve the monotony. Mr. Chrisman explained th," this complex is to be across the street from th:� new .0 _ty Mall Mr. Chrisman stated theft di.ntlsts need windows to the north to get the best.natural.light, so he has rearranged his complex somewhat -to accommuda.te them. Another consideration he feels is important is t�l, get the parking as close as possible to the d )ctor q -� -, ffice becaus,c. quite often, for instance, the mother 1,v111 leave otlit;r children in the car .;while she takes the sick child.in to see the doctor. As Mr. Chrisman way expl:,...n1.;!m thy. landscap_i_ng, he was in- formed that the pop°a_metc-. ^ f�hruts must be kept at a maximum 3' High shrubs present a'policing problem, After con- siderable discussion, it was decided the landscape plans will be submitted prior to�final inspection. Chairman Horgan complimente,1 1`-:r. Chrisman on his development which he believes will be a great asset to Cupertino. He did believe, however, that dK.finite plans as far as colors and materials are concerned should be made at this time so that an accurate presentation can be made to the City Council. Mr, Chrisman said he will get together this week with his architects and make an overall schedule of exterior colors and materials and get the information to the Building Department by Friday ;f this week. Moved by Mr. Fi ch, seconded by Mr. Rampy, that application 0 C e5, sabm_.tted by Mr, Ca. B. Chrisman, be recommended for approval, per the ten standard conditions; per -the plot plan relating to Phase Two which was submitted; the roof to be flat ceramic the Craycroft brick or equal; the exterior to be combinationjredwood, masonry and glass; the landscape plans to be submitted for Phases One and Two prior to final. inspection.., AYES: Messrs, Fitch, Nuzum, Rampy, Small, Horgan NOES: None Motion carried, 5-0 B. Application 170-HC_65, '� LJLcell and Son, P.O. Box 508, Los Altos, request .ng rid -nor change in elevations for -six' duplex buildings w]_th garage, Lots 1, 2, 5, 6, 17, 18 Walnut Circle South and Walnut Circle North, .Mr. Vince Alomia, 1327 Morton, Los Altos, pre-�icrrted blue- prints and photographs indicating the change.in the pitch 'roof, of 'the Moved by Mr, Small, seconded' by Mr. Ram;)y, to recommend approval of modifications in' pitch of the roof under application 170—HC-65o AYES: Messrs. Fitch, Nuzum, Rampy, Small, Horgan NOES: None Motion carried, 5-0 A. Moved by Mr. SmalJ_, seconded by Mr. Nuzum, to continue _application 179-HC-65 until the next regular meeting. Motion carried, 5-0 V UNFINISHED BUSINESS i Chairman. Horgan stated thc`. he had iaritten the three letters (to Mr, Moreing and the S.an Jo5? a.cl nSunr:.yvale Real Estate Boards' as deca.dcd -it la&t meet:ing. No answers have been receive' as ;yet,; -12- VI NEAT 'BUS ;rNESS A. Sam Anderson, City Atto_rney, will be present to answer questions (--n procedure;,. The City Attorney ,ts..hed 3�" -the Cha:(.r to first give a brief sketch on (.=ty and how ' Architectural and Site C,)ntroJ_ ,-slat to He th,.�:n answer specific .questions, He said there are.cw,.., ty,es of citi,s in California: General SLaw and Charter. San Jol -- is an er_arrple of a. Charter City, Cupertino is a General Law City, A-General.Law _City derives its powers fro- the State .!,egislature. The State -Constitu- tion gives residual powers i:rd -the Federal -government delegates powers, The City Attorney said the Home Rule principle has -.been eroded by the Courts, The people tend. to go for the principle of General La�v these days because it -is difficult to get 2/3 majority to amend the Charter and.,,as.:u result, Charter Cities are quite often ruled by antiqualcd laws, General Law Cities, through the League of. California Cities, keeps the laws pretty much up -to --date 'Professionals, such as our City Manager, much prefer the General Law Cities, One of the City Attorneys job.. ; s to keep abreast of the changes which are c,:nsta.ntly being made by the State Legis- lature to update ur Laws. The -City Attorney does not make rulings but -v ath.er, gives .. Aoini.Dns -on : v4hat .'he feels would stand up in court. Ordinance No. 2, adopted, by reference, the Zoning Ordinance of the County cif Santa Clara., called NS 1200. The Archi- tectural and Site Control Committee makes recommendations ® to the City Council. In making judgments on beauty, the H-Control Committee's objectives are not t<: try to injure the property owner but rather t•:, act a2 exponents cf beauty and of good will for th-- general welfare of the people. Chairman Horgan asked what specific powers the Architectural and Site Control Committee has, The City Attorney said he has searched his boo'L��l and cannot pin-^int any specific powers until they are decided fn the courts. Chairman Horgan then asked what a good approach would be to use in dealing with the applicants, The City Attorney said there is so much public support in a city for its Archi- tectural and Site Control Committee that all apr)licant is reluctant to oppose it. If he does hot'go along with reasonable recommendatir�ns of the Committee he could be, in effect, blackballed by the citizens, In most cases, the Committee probably has the support of the citizens and of the applicants themselves. The C3.ty Attorney said the denial of anything depends on the policing power. We make it our business to go along with the policies of the citizens around here. Chairman Horgan then asked, "If a Use Permit has been approved by the Planning Commission, must the Committee also go along with it, even though it is their opinion that it is not good land use? Should the Committee vote 5-0 against it?" The City Attorney advised that a better course of action would be to vote to withhold recommendation and let the Council decide upc•n it, The Committee should get factual witnesses and build a record sl•Iowing that it is against the public interest. Make the findings of fact, but not the judgment. •-3- Chairman Horgan asked how try restrict an applicant from something in the future that may be undesirable. The City Attorney said to indicate :within the motion a definite disapproval of certain items, Chairman Hogan saij thaw oc things they do not ii ice, al not scheduled for any Hwari, the power to .rectify the si- the best thing to ego in a mema to the City Manager, w! He enforces City Council Vic and the Police Department. Chairman Horgan said that Y up a story from the Minute by the Committee, and they out all out of proportion, Committee should send a mem that such and such is the c you are protected by the Co c' v _.ona;lly the Committee sees it is already eotablished and go, Does the Co�vittee have ultion.? ' The City Attorney said i ,L.ation like this is to send a 5 has the enforcement power. Trances through the Fire Marshal nently, the newspapers picked which had not yet been approved nlarged upon it so that it came The City Attorney said the to the City.Manager, stating se. In the absence of malice, Vs.' Chairman Horgan said the'mebtings are run .rather informally and, occasionally, while the Committeemen are discussing the case between themselves afters hearing the applicant, someone in the audience interjects:,' Can we open and close" the Public Hearings? The City Attorney said this would be a good way to handle the meetings, making sure everybody is heard before the Public Hearings ar,e closed. Then, if -it becomes necessary, there can be a mo ton to reopen the Public Hearings, Chairman Horgan thanked the City Attorney for his very enlightening talk, VII . ADJOURNMENT Moved by Mr. :Small, seconds meeting at 9: 45 P0. ,by MnFitch, to adjourn the ---james Horgan Chairman ATTEST: Chief Building Inspector I 410 • C.