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June 26, 1968CITY OF CUPERTINO, State of California 10300' Torre Avenue, Cupertino, California 95014 Pho ne a 252-4505 HCm 12 MINUTES Off' THE RECUR MEETING . OF `SHE A �CHITICTUl� AND SITE CONTROL COMMITTEE HELD JUINE 26.,,_ 1965, 1.1N 7HE. COU-NCIL .,Ct AMBERS, CIT3'. HALL, CUPERTINO, CALIFORNIA � The meeting was called tea order at $e00 poma bChairman. Small, who. subsequently led the assemblage in the flag salute. Committee members present: Aguilar, Fitch, Youmans, McLaren, Small. Alec present: Chief Building Inspector Eenev ch and Recording Secretary Matzleyo Chairman Small read a written communication in its entirety. This communicatioan, which was a copy of a setter wrritten to the owner of the 7 0 11 More at 10650 Bubb Road, Cupertino.,by one Michael Co Hurley of 21602 Regnart Road, Cupertino, stated.in parts that Nor. Hurley had been a regular; customer of this store for some time.and had been a signator to a statement supporting the storre°s application fora be and wine license: However, because of the appearance of the s-te, .the abundance of signs one the store windand the exteX"aa neon lighting at the entrance as well as the non -existing land- scaping and.the attempt by the store to placea pole -sign -on Bubb road, caused Mr. Hurley to discontinuae patronizAt of the store,. and support any measures by which -the beer and wine _license would ! be denied and the proposed sign dismissed until sucha ti�ae as the 1 7 _`I1 store demonstrates the ability to operate the store properly. Member Fitch -moved, Member Aguilar seconded and it was passed. unanimously that the above communication be,received and filed® Member Aguilar moved, Member McLareh seconded and it was passed. unanimously that -this letter be referred to the City Counca.lo Mr. Hernevieh advised the Committee members that.a.late applicatipn had' been received from Mr. Lester DeMuth of the Crossroads Realty. Chairman Small ordered that this applicatioA, identified as Application 350=RC-68, be heard as Item E. on the lasted agenda. Member Aguilar moved, Member bitch seconded analit was passed unao , nnimoIusly that the minutes of June 12, 1965 be approvedz,as submitted. Acatibaas A. 307ACM-a Jo W Loughlin, 10072 �De�p C_l�,ff� Drive, Cuap�rtano, requesting approral of the landscaping .of the triplex located at the corner of Riverside Drive and Stevens Canyon Road. call to order!, flag salute roll call written protest to 7 ® 11 store filed letter to council late filing minutes app:rroved 70mG­ 6'g legend J page 2 present- ation 30 7- HC- 68 approved 290- HC- 68 legend present- ation association questioned 290- HC- 68 continued to next meeting members cite violations 347- HC- 68 legend request to abstain Minutes of H.Control June 26, 1968 30 7- HC- 68 cont' d Mr. Jim Loughlin presented the application and explained, by way of renderings and specifications, the proposed landscaping which would include low ground covering, high trees and planter boxes. Member Aguilar moved, Member McLaren seconded and it was passed unanimously to.recommend Application 307- HC-68 for approval per the plans and specifications as submitted, subject to adherence of conditions 11. and 12. of the Twelve Standard Conditions. B. 290-HC-68: F. Dennis Burrow, 644 University Avenue, Los Gatos; requesting approval of the landscaping for the 7 - 11 store located at 20455 Silverado Avenue. Mr. Lou Kirsner, a Senior Draftsman with F. Dennis Burrow Company, re- presented the applicant and explained that there would be 3" aggregate with a 6' masonry retaining wall of concrete block, low junipers, mushroom lights and a pole sign. Chairman Small, after having ascertained the association of Mr. Kirsner to the Southland Corporation, reiterated the problems encountered with 7 - 11 stores, and asked Mr. Kirsner if he would be able to obtain cooperation from the Southland Corporation in an effort to eliminate problem areas such as the ice machine and its location, the over- abundance of signs on store windows, and the like. Mr. Kirsner did not feel that this was in his realm of purview. Member Aguilar moved that this Committee continue consideration of this application with a request that the person responsible for the store, i.e. the operator or a representative of the Southland Corporation, appear before this body at the next meeting and be answerable to this Committee concerning any questions they may have. Member Fitch seconded and it was passed unanimously. Member Youmans directed the attention of the Committee members to the fact that this Speedee Mart displays a flashing sign "Food Store" and that this was clearly in violation of the Sign Ordinance. Member McLaren mentioned the compressor unit next to the storage shed in clear view from the street. Chief Building Inspector Benevich stated that both practices would be discontinued after he had an opportunity to contact the operator of the store. C. 347- HC-68: George Ahamnos, 20567 Russell Lane, Saratoga, re- questing approval to construct a restaurant to be located on the northwest corner of Stevens Creek and Portal Avenue. Chairman Small ordered the record to show that Committee member McLaren had requested permission to abstain from all discussion and voting on this matter. HC-12 U U Minutes of H Control June 26, 1968 347- HC- 68 connt ° d hC-i2' page 3 Mrs`, George `Ahdin nos presented the application.and expllai ned 'thnat thne proposed 39' x 6O'Q site was located at the corner of. Portal and Stevens Crock Boulevard, that the entire 198 x. 1000. lot was adjacent to ,,Stillift ° _i Billl ° s Furniture,, store would have mission tills or terra cot.ta_ roq£.9 consist oftwo Encore with the ground floor c�o�cntaiIInll g the ire- present pos'cd restaurant with a seating c apacitY Of 65 .to 0 and the ���e �b®or wotAld accommodate all appurtenances, with a slump stone exterior and ancnncllosed slldmp atoms garbage cans container with gates, Some discussion ensued after the statement about the- garbtigc e ncllcsunr and its location and it was the consensus that the c�nnollo�usre shoualld Idiscussion be ,relocated to the site an the plot plan indicated ated in red and eliminating one' parking space. Mr<- Ahamaunds stated that the lighting would be supplied by "bat -wings" wiit-h. a number of fluorescent Tights within thee, that' the: light in lighting the pone would:be amber and that all ; proposed lighting was con- lexplained forming to the ®rdinnannc e o Member Youxmans.,,moved to recommend Application 347c-HC-68 for approval 3 per the rennderin gs a plloitspllans 9 landscaping plans, elevation and sign approved drawin as submitted subject to all of the 12 `Standard. Connditioans� with subject to adherence to the Planning aDepartme��nt ° s c�he�c�l� list and conditions witfi'. the` drawing amended specifying the area for the trash e ncllosuareo runrther, that theenclosed garbage storage area be specifically llo-; � Dated at the northwest corner of the building as outlined in red on. ;they drawings, the roof to be red, flat, mission tine. Member Fitch ��o nde d and the motion pa��u;d 4 ©9 with tuber McLarena abstaining. D. 348-HC-68o Robert Ma Ervinnga 11511 U ni verb ty Avenue, Suite 305, Palo Alto; requesting approval to.construct ct a restaurant to � 'be located atm 2010b-Stevens Creek:.. Mr. Robert ErRving p�e�c�te� the appllicatio n annul, intr�odu ced Mri Met zger9 the'designer, who proceeded to expllai nethe proposed structure after, Chairman Small had advised the new members on the Committee that this site was the I'Aut©ramaall site for which.,.the Use Permit had recently been re yoked. :By the use of a Large number of architeotaural renderi ngs 9 plot P14nbs and specifications, Mr. Metzger explained that the b"uikd ung would . have Spanish file roofs., concealed meter andeele titricity boxes, I -that � the parking spaces -had been laid out in acedrda ncee with the Ord 1cnaIInce 9 and that landscaping paLdnns wou ld be submitted,at a hater time `bunt that it 'would show evergreens and olive trees.. Further, tthat. there._.would be no gaudy, flashing signs but that the plans for the sign would also� be submitted.at a later time prior to installation - site site specified =: present- ation page 4 further explanations staff report discussion right of access stressed audience protest 348- HC- 68 approved with conditions Minutes of H Control June 26, 1968 348- HC- 68 c ont' d Mr. Metzger said that the on -site lighting would consist of 12x12 posts o_cr with carriage type lights which would not interfere with the residential area. Further, a 6' masonry wall for which a deferment would be requested until such time as the development of the t property was planned. Also, that the exterior would be o simul�at adobe blocks and that the entire structure would closely resemble the Palo Alto Savings and loan building in Cupertino. Chief Building Inspector Benevich advised the Committee members that a Tentative Map for the lot split had been filed by this applicant with the Planning Department and would be heard at their July 8th meeting, and that some 135' of the property to the west are left undeveloped. Considerable discussion ensued relative to the remaining undeveloped portion of this site, with particular emphasis on the 80' strip running out to Blaney Avenue. Several suggestions were made by which patrons of the restaurant would be discouraged from driving over this unde- veloped strip to get to Blaney and Mr* Benevich reiterated that the Planning Commission would undoubtedly require the improvements of this strip at their hearing of this matter. The applicant stated that he owned the right of egress, ingress and access and that anyone driving over the undeveloped portion of the lot would be trespassing, but that he would be willing to construct a fence or some sort of barricade to make it impossible for motorists to drive through. A member of the audience, Mr. Lawrence R. Johnson of 10605 South Blaney Avenue, stated that, in his opinion, no access to a residential zone should be permitted without prior street improvements and that he protested any action that would allow traffic to pour into Blaney Avenue, thereby compounding the existing traffic problems. Chairman Small advised Mr. Johnson that this Committee's powers end with the discussion and approval of the architecture, aesthetics, landscaping and signs and lights and that the Planning Commission should be approached with traffic matters and protests thereto. HC-12 Member Fitch moved that Application 348- HC-68 be recommended for approval per the plot plans, elevation and site plans as submitted, subject to the 12 Standard Conditions and adherence to the Planning Department's check list with the following added conditions; 13)' that the landscaping and sign plans be submitted at a later time; 14) that the A' strip on the western side of the property be developed and landscaped in its entire length; 15) that there is to be a barrier on the eastern property line which will continue from the end of the parking area to the southern side of the property line. Member Aguilar seconded. recommend- Member Fitch instructed the Recording Secretary to submit a copy of . ation to this portion of the minutes to the Planning Commission Chairman with planning a recommendation that the requirement for street improvements be commission imposed at the time of the construction of the restaurant. R Minutes of H Control June 26, 1968 qW 348-ZC-68 cont'd Member Aguilar moved to amend the motion to include,the Committee re I co� I endatxot to the 'Planning Commissionthat the street imptOve= omm c r - I me'nts Of Blaney A�enue :be made' with the' c ' en ement -of the con- ta . trant a . n recommendation for approval struction of the-res d. tha t the of App .1 li I cation 348-HC'68 be' subjectto the approval ' of the'Tenta:tive Map ,b I y I the . Planning commission. Member Fitch -seconded.. The,amendment was passed unanimously after - which the origi I r I �aj 'motion passed 5 - 0. 350-HC-68: Lester Demuth, 1011.1 North Saratoga -Sunnyvale Road, 'Cupertino, requesting approv4l.for a3 k 3,real estate sign. mrb_,DeMuth, the,applicant, made the presentatia ' nd explained,...'that.- on he 'intended to remove the sign approved wander Application 230-HC-66 I and replace game am I e with a 3x 3 Real Estate sigh with ith a metal frame, i and fluorescent and translucent lights. Mr� DdMuth stated that hek would like "to utilize the existing reader:board and maintained that he.would have to compete with a large V.G&F,,pble that extends into the traffic on that location as well as advertising signs from Shell oil com any., Oak Knoll housing and the like and that a-31 x.31:sign would not disturb anything. Ch-j`&R6Uding Inspector Benevich stated thatthe building itself is n*e he Committee members on-�confokming to the zoning, a fact:of which t - 1 4 undoubtedly we re' undoubtedly aware, as ,, Saich had askedito be:allowed this. use until such time as he could propose a use cbmP8tible_ with h the: commercial zoning. Further, that the use of a reader board should not even be considered by the Committee. Member Fitch moved, Member Aguilar seconded and it was passed unani- M. ously,that further'discussions bedisc ontinued to allow a motion on this matter. Member Aguilar moved to recommend Application-350®-AC­681'lfor approval per the "sketches and, renderings as submitted, subfeet :to the, applic- able conditions of the 12 Standard Conditions. HC- 12 page amendment to original Motion roll call 350-HC-.68, legend �­ present-..: ation staff reports Violation discussions discontinued i 350- HC® 68 japproved .unfinished Business unf bus..., Chairman� Small -asked what., if anything, had been -done relative to the over -abundance of signs as displayed by the AmericanOil: station on Highway 9 and Stevens Creek Boulevard. Mr. Beaevich reported that hehAd!';'6'V*hta`cie'd the manager of the station whlich., incident-ally.,.'ig signs. d t. s related Awerican disc s u a e.d:. a `6ompany-owm stetsons and used depository by all rel' oil stations- in the atea." that the is a young man.�who. has to comply with the 'directives of'- the Dist r,jet. Manager., and that his manages had rbeer�, unsucce s 5 ful: 'thus-: e�lforts to contact the District far but that he would attempt to contact him prior to the next meeting. 4 page 6 appearance of service station discussed superior to be contacted request violations cited staff report on 7-11 store invitation ignored special meeting requested Minutes of H Control June 26, 1968 Unfinished Business cont'd Other service stations in the area were cited as examples of how clean and cared -for sites can appear although all of them display promotional signs. When requested to do so, Councilman Fitzgerald who was in the audience, stated that the only way to stop the over -abundance of signs displayed would be to request that they be taken down, which would undoubtedly be refused, after which the only way to proceed would be to state a violation and instruct the City Attorney to initiate litigation. This move, however, would be a difficult decision for the Council, but perhaps an example should be made to discourage other stations from following suit by indiscriminately displaying advertising signs. It was the consensus that, since the District Manager's assistance was apparently unavAilable, his superior be contacted in an effort to resolve this problem. Chairman Small requested that the Chief Building Inspector contact the Standard Oil station on Stevens Creek Boulevard and Highway 9, relative to the unsightly, battered tire rack located between the station and the Seymor Drug store. Mr. Small also mentioned the appearance of, and various awnings and the like constructed on, the excessively large lots within the City which had been allowed prior to the 7,500 sq.ft. lot Ordinance. Mr. Benevich stated that all these areas were controlled by building permits and if awnings are in existence, they are in violation of the Ordinance but that his department has no knowledge of them for reasons of workloads and a limited number of employees. Mr. Benevich reiterated his statements, made at previous meetings, relative to the 7 - 11 store on Bubb Road, maintaining that the operator of the store was most anxious to stay in business in this area but that the neighborhood was making life extremely difficult for the operator in neglecting to instruct their children in matters of decent behaviour by ceasing to throw about debris. Mr. Benevich contended that the problems encountered had become such that it was a matter of survi*all in spite of being victimized, or go out of business. Chairman Small related that he had not been contacted by the represent- ative for the York Town Homeowners Association despite a previous invitation to do so and suggested that a special meeting be scheduled for the sole purpose of bringing the two parties together to discuss their differences. Member Fitch moved, Member Aguilar seconded and it was passed unani- mously that the Chairman write a letter to the Homeowners Association and the operator of the store, stating that the City is most anxious to cooperate in resolving the intangible problems by means of a special meeting, yet to be scheduled as to date and time. HC-12 L.]