HomeMy WebLinkAboutASAC Minutes 03-20-1974CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino
Telephone: 252-4505
MINUTES OF THE REGULAR MEETING OF THE ARCHITECTURAL AND SITE
APPROVAL COMMITTEE OF MARCH 20, 1974, HELD IN THE
LIBRARY CONFERENCE ROOM, CITY HALL, CUPERTINO
CALIFORNIA
SALUTE TO THE FLAG
The meeting was opened at 7:35 p.m. by Vice -Chairman Sallan with
the Salute to the Flag.
ROLL CALL
Members present: Dressler, Koenitzer, Weinstein, Vice -Chairman
Sallan
Members absent: McLaren
Staff present: Associate Planner Cowan
APPROVAL OF MINUTES: Minutes of March 6, 1974
On page 2, paragraph 3, Member Koenitzer said the first word in the
second line should be "responsibilities". He also wished the word
"responsibilities" added after "lapping" in the third line.
On page 6, paragraph 2, Member Dressler pointed out the following
should be added. "The consensus of the H -Control committee was to
go along with section 7.2 as per City Council recommendation in the
hopes that this would be a satisfactory solution to the aesthetic
overlapping responsibilities of Planning Commission and H -Control."
There being no further corrections, Member Koenitzer moved, seconded
by Member Dressler, to approve the Minutes of March 6, 1974, as
amended.
Motion carried, 4-0
POSTPONEMENTS
The Associate Planner advised the committee that Mr. Myers had
requested Application HC -51,259.81, item 1 on agenda, be postponed
HC -103
Page 1
Minutes of
3/6/74 approve
as amended
HC -103
Page 2
HC -51,259.81
Edwin J.
Myers - post
poned as per
applicant's
request
Portal Plaza
Shopping
Center sign
program -
postponed
MINUTES OF THE MARCH 20,1974 H -CONTROL MEETING
for two weeks to allow him to prepare new design for the bank
building. Member Koenitzer so moved, seconded by Member Dre3sler.
Motion carried, 4-0
A discussion ensued regarding landscaping on the site. Vice -
Chairman Sallan pointed out the committee is concerned about
entire site and landscaping on periphery is crucial. The Associate
Planner said the City Attorney had said if the committee felt: the
site could not function the service station could be forced to
landscape. It was a judgmental consideration H -Control must make;
must evaluate in terms of adequacy. Member Koenitzer noted the
service station is a separate parcel and while he would like to
get as much landscaping as possible, this would have to be cin-
sidered.
The Associate Planner was asked to write a letter to the applicant
giving him the opinion of the committee that this applicatio_i
would be looked at in terms of the entire site, including th:3
service station. A copy of the letter was to go to the owner.
The Associate Planner then noted that in view of postponement of
item 1, item 2 on the agenda would also be postponed.
WRITTEN COMMUNICATIONS: None
ORAL COMMUNICATIONS: None
PUBLIC HEARINGS:
1. Application HC -51,259.81 of Edwin J. Myers requestin-,
approval of site and architecture for a proposed bank
facility located in the Portal Plaza Shopping Center
at the northeast corner of Stevens Creek Boulevard and
Portal Avenue. Continued from H -Control meeting of
March 6, 1974.
UNFINISHED BUSINESS:
2. Discussion of sign program for the Portal Plaza Shopping
Centar.
The Associate Planner said that in view of Application HC -51,259.81
postponement, discussion of sign program for the center should be
postponed also. The committee agreed.
MINUTES OF THE MARCH 2O,. 1974 H -CONTROL MEETING
3. Application HC -51,318.1 requesting modification of
Condition 5, relative to the Fisherman's Village
Restaurant parking lot.
Staff report. The Associate Planner read Condition 5: "That
concrete berms shall be installed around all parking areas
completely enclosing all landscaped areas except where they abut
a building." He said there had evidently been a misunderstanding
and the applicant had used a series of concrete bumper stops
rather than the extruded concrete curb. The applicant had elected
to come to H -Control for modification. Although the staff was not
happy with existing treatment, in view of the loose wording of the
condition, there might be a compromise with front portion in view
of public being redone.
Slides were shown of the treatment of the site in question and
treatment in similar projects throughout the city.
Mr. R. Vanderyacht of the Bay Parking Lot
of bumper was not used with the intent of
He had used heavy-duty bumpers spiked int,
much sturdier than poured concrete berm.
pointed out that the concrete curb serves
the cars from going into landscaped areas
aesthetics.
Service said'.this type
getting around rules.
asphalt. They are
The Associate Planner
two purposes; it keeps
and adds to the
Member Koenitzer noted there was nothing to keep cars from
straddling two spaces, going past bumper guard and driving over
plants.
Member Weinstein said he could not see how this condition could be
misconstrued, noting there had not been any misunderstanding by
many other developers.
Mr. Chris Foundas,manager of Fisherman's Village, said he was
representing the tenant and asked to see the overall plan. It
was displayed. He said the staff should have had somebody on
site checking the job before it was done. If there is a fault
it was because the contractor failed to follow diagram. It is
between the contractor and person who owns the property. If it
is on diagram, the contractor must answer to why it wasn't done.
Vice -Chairman Sallan told the applicant that whenever the H-Contro
approved an application, it is with standard conditions plus any
other conditions. If the standard conditions were included in
the motion it becomes difficult to say any one of the standard
conditions can be omitted. Mr.Foundas repeated it is the owner
and the contractor who should be explaining why it wasn't done.
HC -103
Page 3
HC -51,318.1
Fisherman's
Village
i3C-103 MINUTES OF THE MARCH 20, 1974 H -CONTROL MEETING
Page 4
Vice -Chairman Sallan asked staff to clarify. The Associate Planner
said it was approved with standard conditions.
The applicant offered to continue around landscaped areas with
same material. He did not want to pull anything out.
Member Weinstein said his concern was Stevens Creek Boulevard. He
would be willing to go along with upgrading with extruded berm for
any view of Stevens Creek and adding additional concrete berming
to protect plants in other areas.
Member Koenitzer also felt the standard condition should not have
been misconstrued. He would not object if bumper stops were
extended to abut together to enclose landscaped areas.
Member Dressler said the plan shows concrete berm all around land-
scaping and wondered why the plan had been deviated from. The
Associate Planner pointed out that normally that detail is not
put on site plans. Mr. Vanderyacht said this was not his responsi-
bility.
Vice -Chairman Sallan pointed out it was conceivable an error had
been made, noting the applicant has said if the committee wants
concrete berm they are willing to do this. She pointed out that
standard conditions could be enforced if the committee wished to
do so, or they could waive it if they wished. The consensus
seemed to be the committee wanted some type of berming.
Mr.Foundas said the contractor should give reason why this was not
done. Mr. Cowan said he had talked with the general contractor.
There seemed to be an argument between the contractor and the sub-
contractor. Member Weinstein said it was not up to H -Control to
say who was right or wrong; the committee is saying what should
be. Mr.Foundas objected to the city not having checked sooner.
Mr. Cowan explained the procedure used in inspection of projects.
He also pointed out the city had allowed the restaurant to open
without parking lot being completed because they had pleaded a
hardship. There is a $5,000.00 bond being held by the city.
Member Weinstein said he would be able to live with situation as
it is with the exception of planting area fronting on Stevens
Creek Boulevard which gets most of public exposure. There is a
difference in aesthetics between extruded concrete and 4' or 6'
berms even though they are very well built and installed. He
would be willing to compromise to that extent.
MINUTES OF THE MARCH .20, 1974 H -CONTROL MEETING
Member Koenitzer said he felt it was necessary to enclose entirely
with concrete berm, but he would be willing to accept use of
abutted concrete bumper stops as berm if it was continued all way
around landscaped areas.
Member Dressler said he would prefer to see the poured concrete
curb like intent of condition.
Vice -Chairman Sallan said she would like to see all the landscaped
areas enclosed. She asked if concrete bumper used as berm might
not be expensive. She suggested the applicant might want to
select less costly of two alternatives.
Mr. Foundas said they are a night-time operation and spoke of
damage caused by cars bumping into berming. He said he would
like to see something permanent that wouldn't be cracked or
knocked down by cars.
Vice -Chairman Sallan noted this was a Public Hearing and asked
for comments from the audience. There were none.
Member Koenitzer moved, seconded by Member Weinstein, to close
Public Hearings.
Motion carried, 4-0
Member Koenitzer moved to approve Minute Order requiring applicant
to install continuous berm around all landscaped areas and use of
abutted bumper stops as berm would be satisfactory. The motion
died for lack of a second.
Member Weinstein moved to recommend a Minute Order that landscaped
areas fronting Stevens Creek Boulevard be surrounded with continu-
ous concrete berm of poured concrete in the spirit of Condition 5.
Spirit being that without exception every project in Cupertino hasl
put a continuous concrete berm and that remaining portion of land-
scaped areas on side be also surrounded but that the4' 6'
bumper type berm could be used for surrounding these area. In
addition that the bumper strips already in place for parking
areas remain there so that bumpers surrounding landscaping are
further protected from automobiles, particularly at night.
Seconded by Vice -Chairman Sallan.
AYES: Members Dressler, Weinstein, Vice -Chairman Sallan
NOES: Member Koenitzer
Motion carried, 3-1
HC -103
Page 5
Public Hearin
closed
MINUTE ORDER
HC -103
Page 6
H -Control
Rules and
Ordinance
Carefree
Wash and Dry
Bob's Big
Boy Signing
and Lighting;
MINUTES OF THE MARCH 20, 1974 H -CONTROL MEETING
Vice -Chairman Sallan ascertained the applicant understood the
intent of the Minute Order.
A recess was called at 8:45 p.m. with the meeting reconvening
at 8:55 p.m.
Noting it had been brought out in discussion with the Planning
Commission that the H -Control Rules and Ordinance were not in
conformance, Member Koenitzer asked to have a copy of the Rules
for next meeting. Vice -Chairman Sallan asked staff to check
with the Assistant City Attorney to determine what changes
should be considered.
The Associate Planner referred to staff memo regarding the sign
on the Carefree Wash and Dry. He pointed out there had been no
exhibit, but the discussion relative to the placing of the sign
indicated the committee wanted the sign placed against the build-
ing. No condition to this effect was included in the resolution
however. The committee agreed this had been their intent and it
was their recollection that the applicant had agreed. Staff was
to check and to send a letter advising Carefree Wash and Dry of
the committee's understanding.
The staff memo reported that the lighting for the building was
approved :in Resolution No. 235. The lighting for the parking
lot was -approved at a later date. No condition was included
in Resolution No. 235 relating to light intensity for the wall
lights. Member Weinstein thought there was a provision in
approval for inspection after installation. After research,
The Associate Planner said the resolution approving pole lights
had included this inspection.
Staff was asked to write a letter to applicant requesting lighting
of a lesser intensity. Member Koenitzer reported the spot lights
in the shrubbery were very intense also. After discussion, it
was the committee's feeling these spot lights had not been included
in application. Staff was to check this.
The sign was also discussed. The sign is the same colors as approved.
It was noted that exact samples of materials would be beneficial in
preventing tais sort of situation. Member Weinstein pointed out the
lighting inside the sign might be brighter than intended and lesser
bulbs could be requested.
MINUTES OF THE MARCH 20, 1974 H -CONTROL MEETING
Member Koenitzer said as part of sign ordinance revision, experts
on measuring lighting intensity should be consulted so the
committee could come up with standards and maximum intensity to
put in ordinance. Member Dressler said they should always be
subject to review and inspection as part of each approval. The
staff was asked to request Bob's Big Boy to reduce the intensity
of brightness in the sign also.
Vice -Chairman Sallan thanked the staff for their written review
of items requested from March 6, 1974 meeting.
4. Discussion of Sign Ordinance
The Associate Planner referred to staff memo on sampling of signs
in Cupertino. Member Koenitzer pointed out two errors in ratio
column.
The Associate Planner said the staff was working on finding out
how many signs in the City are non -conforming. Member -Weinstein
said the revised January 22, 1974 proposal was acceptable but it
lacked definition of precisely what areas were being dealt with.
He proposed the committee agree on a slope or equation that gives
square footage for sign, agree on date for hearing and who will
attend meeting. Member Koenitzer said it was his understanding
that the Planning Commission had asked them to talk to people
from the sign industry and businessmen who might be affected by
changes in ordinance. He suggested talking to technically
cognizant people to get viewpoint of sign industry, and then
holding public hearing for businessmen and general public.
Vice -Chairman Sallan suggested giving copies of ordinance to
sign company representatives and asking them if good signs could
be designed to conform to these ordinances. This would provide
additional rationale to present to businessmen and public. She
noted the City Council would want to know the committee had done
everything possible in being open and getting expert information.
After further discussion, it was agreed to set April 4, 1974 as
date for meeting with technical people, and April 17 or 18 for
public hearing.
Member Koenitzer asked that a copy of his memo of January 3, 1974
be given the technical representatives prior to the meeting. He
said this gave his philosophy and background for proposed
ordinance.
HC -103
Page 7
UC-103 J MINUTES OF THE MARCH 20, 1974 11 -CONTROL MEETING
Page S
Member Weinstein said his problem with the proposed revision carne
down to section 7.021. They had talked about a minimum of 20'
and a proposed maximum of 135'. The problem is the ll�% line
low end has almost every sign in city as non -conforming. He
gave his equation which would make the low end signs conforming.
He suggested changing section 7.021 to establish a different
curve and 7.022 to give a different maximum square foot area.
Member Weinstein's equation was adopted.
Vices -Chairman Sallan said the question also was is the committee
comfortable with an ordinance that would put many signs into the
non -conforming category. She pointed out there would be considerable
resistance and the committee must have rationale to support proposal.
The reasons for their choices of numbers should be documented.
She suggested the committee members should bring to next meeting
their reasoning for the slope to start at 20' and end at 120' and
of aesthetics in regard to signing, taking into account the role
of advertising, if any.
After discussion, it was agreed
7.021. The area to be allowed
etc. was discussed.
NEW BUSINESS
to eliminate a and b of section
service stations, used.car lots,
The Associate Planner said Mr. Coleman will be prepared with
drawings for the committee to look at within the next few weeks
on the conceptual plan of Highway 9, Stevens Creek Boulevard,
Bandley Drive, Alves Drive, etc.
Member Koenitzer pointed out there were stacks of boxes against
fence and dumpster sitting against fence in back of Measurex and
Nitron on McClellan Road. Dumpster should be housed in enclosure.
Staff was to check on this.
Further discussion was held on getting copies of Rules and
Regulations for possible revision to bring into conformance
with ordinance..
Vice -Chairman Sallan asked that a copy of Planning Commissioner
Gatto's merio on Planned Development ordinance be distributed to
the committee.
djournment I ADJOURNMENT
At 10:45 p.m. Member Koenitzer moved to adjourn the meeting to
the next regularly scheduled meeting. Member i•7einstein seconded
the motion.
ATTEST:
Motion carried, 4-0
APPRQVED:_ . .
1s/. C Nancy Sallan
Vice -Chairman ! _
LL Wm. E. Ryder
City Clerk. -