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HomeMy WebLinkAboutASAC Minutes - 10-21-1976CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE HELD ON OCTOBER 21, 1976 IN THE LIBRARY CONFERENCE ROOM CITY HALL, CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairperson Sallan called the meeting to order at 7:07 PM with the Salute to the Flag. ROLL CALL Members present- Bond, Claudy, Ripplinger, Chairperson Sallan Members absent: Irvine Staff present: Senior Planning Technician Mark Caughey Chairperson Sallan announced that no public hearing would be initiated after 11 PM, and that the Committee would adjourn at 12 Midnight, if the agenda is not completed before that time. INFORMAL REVIEW OF PLANNED DEVELOPMENT USE PERMIT APPLICATIONS There were none. APPROVAL OF MINUTES Since only 4 Members were present, the approval of the October 7, 1976, Minutes was postponed to November 4, 1976. POSTPONEMENT S None were requested. WRITTEN COMMUNICATIONS None. HC -177 Page 1 HC -177 Page 2 HC -51,403.1 cont'd to the end of the agenda MINUTES OF OCTOBER 21, 1976, H -CONTROL MEETING ORAL COMMUNICATIONS Since the applicant for ANY MOUNTAIN was not yet present, it was moved by Member Ripplinger, seconded by Member Bond to continue application HC -51,403.1 to the end of the agenda. Motion carried, 4-0 PUBLIC HEARINGS; 1. Application HC -51,403.1 - ANY MOUNTAIN, LTD. Continued to the end of the agenda. 2. Application HC -51,392.1 - SOBRATO-BERG requesting approval of architecture and landscaping for an industrial/office complex located easterly of and adjacent to North De Anza Blvd., and extending southerly from the intersection of North De Anza Blvd. and Route 280 for a -distance of approximately 2,500 feet. Continued from H -Control meeting of September 8, 1976. An amended acoustical report and a memo from the Director of Planning and Development were entered into the record. Mr. Berg, the applicant, stated the City is requiring the bicycle path be separate from the pedestrian path. He submitted blueprints of the landscape master plan, asking for the general impression of the Members of this Committee on the plans thus far. The Committee was receptive to the conceptual plan. Mr. Berg stated that, due to a new PUC ruling, they are not going to be able to get natural gas because of the consumption rate of the entire project. He said he offered to subdivide the property around the four buildings in order to get service, but PUC rejected this idea. As a result, they are going to have to have propane. These tanks will be located north of the tank farm, toward Freeway 280. The 10' -foot -high tank is set 4' above ground. There will be three blow-out pipes 21' high. They will create no noise and very little odor that dissipates in a short period of time, once exposed to the air. Mr. Berg's plan is to put a screen of xylosma around this tank. It is his belief that a wall would not do anything, and would only add to the cost. However, he offered to put in a wall if it was the wish of this Committee. He answered the Committee that he is not allowed to put the tank underground for safety reasons. (Chairperson Sallan asked for comments from the audience. MINUTES OF OCTOBER 21, 1976 H -CONTROL MEETING I HC -177 Page 3 Mr. H. N. McLaughlin, 10643 Larry Way, Cupertino, asked how many trucks per day they anticipate, and what times of the day or night they will be coming and going. Mr, Berg said there will be 1 or 2 trucks per month. It takes 35-40 minutes to fill the tank. There is a compressor on the truck. There is no problem in getting daytime delivery. Mr, Harold Johnson, 10511 Larry Way, Cupertino, asked if a chain link fence could be required, for safety. Mr. Len Perham, 10460 Bubb Road, Cupertino, who was actually present to represent Zilog with another agenda item, said the control mechanism for this tank will be locked by the company that owns it. This entire operation will be less noisy than a garbage collector. It is highly unlikely there would be night- time delivery. Mr. Berg said this tank will be located 440' from the nearest residence. The Committee agreed they would like to see a chain link fence with redwood slats installed, with xylosma in front of it. Mr. Berg did not object to this requirement, but would like a condition that if there is some compelling reason why some part of the tank cannot be fenced, that this could be approved by the staff. Acoustic consultant Edward Pack next went over his recent report with the Committee. He said the addendum is the result of the October 15th letter from Assistant Planning Director Cowan re- questing a response to a number of items. He then proceeded to review the addendum. There was an extensive discussion of Condition 26 and whether or not it is impractical. Mr. Pack said 6 db impact is considered little or no disturbance. The limit should be the existing ambient, and then allow a 6 db increase. Member Claudy asked Mr. Pack if a 10' wall would allow maintenanc of a level no more than 3 db . Mr. Pack said the change from an agricultural to a more intense use will have a psychological impact on the neighboring residences. Mr. McLaughlin wanted to clarify that the neighbors' complaint is that the plans for development of this property have materially changed from those that were approved by the Planning Commission. The elevation of the original buildings was equal to the elevatio of the residential homes in the area, whereas these plans are for buildings 8' higher and then the 10' wall is reduced to nothing. Mr. Berg stressed that there has been no significant change to th original grading plans. He called attention to the natural chang in elevation of the property. At the building site, he is reduci HC -177 IMINUTES OF OCTOBER 21, 1976 H --CONTROL MEETING Page 4 the elevation at one end and raising it at another so he has a common elevation for the 4 buildings. Mr. Pack said if the concern of noise is related to the height of the buildings, it is unfounded in this case. There was a heated discussion between the applicant and the residents from Larry Way in regard to the elevation of the buildings. The residents would like the buildings to be built on an elevation lower than Building #3. Mr. Pack said a 10' extension of the wall is needed along Mariani Avenue. In addition, Mr. Pack advised there is a need for a construction barrier around the northerly and westerly school boundary lines. Member Bond said the school has said they do not want a visual barrier because they want to be able to see if their students are on the construction site. Mr. Pack explained the types of fence materials that would be most suitable. The -one proposed by the applicant would be .adequate as long as there are no gaps in the wall. Chairperson Sallan thanked Mr. Pack for coming to this meeting and ex- plaining his report and answering some of the questions of the audience. The conceptual landscaping plan was briefly reviewed. There were no further comments at this time. Mr. Berg said they have stayed within the North De Anza Blvd. Guidelines. Chairperson Sallan recommended the developer look for evergreen rather than deciduous plantings for the parking lot. In regard to Condition- 26, Chairperson sallan believes the ambient sound level has been met with the 3 decibel differential. If the audience preferred, she said she would be willing to send this back to the Planning Commission for their determination of whether or not the sound level requirement has been met. There was no comments from the audience at this time. Mr. Pack specifically answered the Senior Planning Technician that with a worst -case situation, diesels will exceed the acceptable noise level as per Condition 26. Mr. Berg said it was the intention of the Planning Commission and the City Council that the noise level should be averaged. He introduced the point of -the noise level of the tractors when the orchard was disc'd twice a year. The discussion next turned to the line -of -site concept. As to the 10' strip between the residences and the Planned Development, Mr. Berg said 5 of the 6 owners of this property have agreed to sell it to him, and the 6th has suffered a stroke and is unable to sign at the present time. MINUTES OF OCTOBER 21, 1976 H -CONTROL MEETING There was a brief discussion of the history of the ownership of this 10' strip of land. Mr. Rinaldi, Larry Way resident, asked what consideration has been taken about the rodent problem. Mr. Berg said there will be a problem, just like there is every time the property is cultivated. But once the property is improved, the rodent problem will dis- appear. Moved by Member Bond, seconded by Member Claudy to close the public hearing. Motion carried, 4-0 A poll of the Committee indicated they felt Mr. Pack's recommend modification for Condition 26 was within the spirit of the ap- proval of the use permit. The recent memo from the Director of Planning and Development was discussed. Member Bond said he could not accept either recommend tion. Member Claudy feels that Planning Commission Condition 26 is a physical impossibility. Member Ripplinger said Mr. Pack's suggestion that a 3 decibel increase be allowed is practical. Chairperson said Condition 26 is not impossible, but perhaps it is impractical. As to the construction fence recommended by Mr. Pack, the Committ felt it was impractical. Member Claudy said the sound wall will have virtually no influenc( on the City as a whole. Moved by Member Bond, seconded by Member Claudy, to approve HC -51,392.1 with the following conditions: That the propane tanks be enclosed within a chain link fence with redwood slats at a height of 10', with the provision that if safety regulations require an opening in the fence or deletion of the fence that the staff will come forth with certification of approval. The sound wall has been approved at 9, as requested by the residents, measured at an average of residential property lines. Further, the Committee feels Planning Commission Condition 26 has been met as defined in Mr. Cowan's report, page 12, last paragraph; i.e., a 3 db increase is "just perceivable" and is considered to leave little or no impact. Further, gas rather than diesel trucks shall be used. AYES: Members Bond, Claudy, Rittlinger, Chairperson Sallan NOES: None ABSENT: Member Irvine HC -177 Page 5 HC -51,392.1 approved Motion carried, 4.0 HC -177 Page 6 HC -51.088.182 approved MINUTES OF OCTOBER 21, 1976, H -CONTROL MEETING Recess was called at 9:55 PM. The meeting reconvened at 10:05 PM. Chairperson Sallan announced that Agenda Items 6 and 1 probably would not be taken under consideration at this meeting, due to the lateness of the hour. She announced there would be an adjourned regular meeting at 7:00 PM on October 28th to complete the agenda. 3. Application HC -51,088.182 - Zilog. Inc., requesting exception to Section 6.042 of the City Sign Ordinance No. 353 to permit more than one ground sign on a single lot. Said property is located at the northeast corner of McClellan Road and Bubb Road. Mr. Len Perham, 10460 Bubb Road, Cupertino, representing Zilog, offered to answer any questions. The October 15. 1976, staff report and letter of justification were entered into the public hearing. According to Mr. Carl Berg. the new subdivision of this property will be recorded by November 15, 1976. The proposed sign will be 7' in from Bubb Road, It is 4" thick redwood laminate with black -stained "Z" with slightly offset "ZTLOG". It will not be illuminated. Mr. Perham said this is chiefly an identification sign so the trucks will know where to deliver office equipment, etc. The building is built and occupied and 20% landscaped at the present time. Mr_ Perham said they are on the apex of the curbe of Bubb Road and trucks are having trouble finding them. Without a sign. this could be the reason for an accident. Mr. Perham answered the Committee that the Zilog sign will be 75' from the Nitron sign. He asked for temporary approval, and if the property is not subdivided and recorded by November 30th, it will be Mr. Berg's responsibility to remove it. Mr. Berg agreed to this. The staff had no objection. Since there were no comments from the audience it was moved by Member Claudy, seconded by Member Bond to close the Public Hearing. Motion carried, 4-0 Moved by Member Claudy, seconded by Member Bond. to approve application HC -51,088.182, subject to the standard H -Control conditions and the following additional conditions: 1) The color samples shall be approved by the staff. 2) Permission for installation of the sign is contingent upon recordation of final parcel map by November 30. 1976; if not, this approval is null and void. AYES: Comm. Bond. Claudy, Ripplinger NOES: None ABSENT: Member Irvine ABSTAINED: Chairperson Sallan Motion carried, 3-0-1 MINUTES OF OCTOBER 21, 1976 H -CONTROL MEETING 4. Application HC -51,405.1 - Nuncio Cicero (Cicero's Pizza) requesting permission to execute a change of copy on three legal non -conforming signs as provided in Ordinance 656 amending Ordinance No. 353 of the City of Cupertino. The following exceptions to the Sign Ordinance No. 353 are requested: Section 7.021 permitting a sign area in excess of 3% of gross floor area of a commercial structure: Section 7.23 to permit more than two signs for a single business establishment. The Senior Planning Technician was complimented by the Committee on the quality of the staff report, which gives the chronology of the use of this property. Colored slides of the site were shown on the screen. It was noted there has been a change of copy on the signs. Mr. Nunzio Cicero, 10040 De Anza Blvd., and Chamber of Commerce Manager Frank Mulkern were present to discuss the application. Member Bond asked Mr.Cicero's response to the various recommenda- tions in the staff report. Mr. Cicero said the roof sign was approved in 1962; however, the City has no record of this. Mr. Mulkern pointed out there has been no enforcement of the 5 - year abatement clause. All Mr. Cicero did was change the name "Copola" to "Cicero". Mr. Mulkern said the Chamber of Commerce Sign Committee feels he should be allowed to do this. In addition he said there are signs all over this city that have had change of copy without City approval. lie objected to having Mr. Cicero singled out. He said Toby Kraemer had told him nothing would be done to those businesses that are non -conforming. However, nothing was said about any changes to these non -conforming signs. Chairperson Sallan said the City could have gone out and cited every one of those non -conforming signs but decided against this while the new Ordinance was being developed. She pointed out that instead, the City would ask for conformance only if the owner came in asking for a change in his or her signing approach. When this applicant came to the City and said he wanted to change the copy of the existing signs he made the comment that when the new sign ordinance becomes effective he would conform. Mr. Mulkern said "Nunzio" should be treated no differently than anyone else in this City. He said he is doing what Judge Mark Thomas told him to do, and that is to apply for permission to change the copy of the existing signs. HC -177 Page 7 HC -177 Page 8 HC -51,405.1 approved MINUTES OF OCTOBER 21, 1976, H —CONTROL COMMITTEE Member Claudy asked Mr. Cicero if he would be willing to come to the City when the new ordinance becomes effective and say he would be willing to take down the roof sign if the other two signs are approved. Mr. Cicero said he would do this. As an example, it was brought out that the Ram non —conforming sign, across the street from Key Chevrolet, was changed to All State about two years ago. After further discussion, Chairperson Sallan stated she would push to make everybody conform to the new sign ordinance when it becomes effective. Member Bond said this Committee has made these same conditions on all older, non -conforming sign. Urich is one example of this. Since there were no further comments from the audience, it was moved by Member Claudy, seconded by Member Bond, to close the public hearing. Motion carried, 4-0 Moved by Member Claudy, seconded by Member Bond, to approve application HC -51,405.1, subject to the standard H -Control conditions and an addi- tional condition that within two months after enactment of the new sign ordinance, that this applicant will bring his signing program into conformance with the new sign ordinance. AYES: Members Bond, Claudy, Ripplinger, Chairperson Sallan NOES: None ABSENT: Member Irvine Motion carried, 4-0 Chairperson Sallan left the meeting at 11:25 PM, stating she had flu, and also that her babysitter had agreed to stay with her children only until 11 PM. Vice —Chairman Bond assumed the Chair. The remainder of the scheduled public hearings were postponed to the adjourned regular meeting October 28th. UNFINISHED BUSINESS Member Claudy brought up the sign problem with the Shell station at the corner of Stevens Creek Blvd., and De Anza Blvd. The staff was instructed to illicte cooperation; if not, they will be cited. MINUTES OF OCTOBER 21, 1976 H -CONTROL MEETING Member Claudy noted that the McDonald's sign at Stelling and Homestead Roads does not have a white background, as specified. The Senior Planning Technician said this was a mistake and it is being rectified. The sign at Shoe Fair on De Anza Blvd., is being checked by the staff. The Director of Public Works is still in the process of preparing a report on Grasscrete for this Committee. ADJOURNMENT Vice -Chairman Bond adjourned this meeting at 11:35 PM to 7:00 PM on Thursday, October 28, 1976, APPROVED: /s/ C. Nancy Sallan Chairwoman ATTEST: /s/ Wm. E. Ryder •City Clerk HC -177 Page 9