February 14, 1968CITY OF CUPERTINO, State of California
10300 Torre Avenue, Cupertino, California 95014
Phone: 252-4505
MINUTES OF THE REGULAR MEETING OF THE ARCHITECTURAL AND SITE
CONTROL COMMITTEE., HELD FEBRUARY 14TH9 1968 IN THE COUNCIL CHAMBERS,
CITY HALL, CUPERTINO, CALIFORNIA
The meeting was called to order at'8o00 p.m. by Chairman Irwin, who call to order
subsequently led the assemblage in the flag salute. flag salute
City Clerk Ryder administered. the Loyalty Oath to the recently
appointed, newest member of the 44HY4 Control Committee, Mr. E. J.Small, administration
after which Mr.'Small was welcomed back to the Comjiiittee.by his of oath
fellow Committee members.
Committee members present: Aguilar, Fitch, Small, Irwin. Absent:
Member Nowitzo.Also present: Chief Building Inspector Benevich and roll call
Recording Secretary Matzleyo
There was one written communication., and it was read, in its entirety,
by Chairman Irwin, The letter had been forwarded by a Mrs. Marnie No protest to
Carey, P.O. Box 183, Cupertino, and protested the possible granting of 320-HC-68
an exception to:a City Ordinance, specifically, application 320-HC-68:
Mr. Ed's Steak House:
Committee member Fitch moved, Member Agmlar seconded and it was passed
unanimously that the communication be acknowledged and filed.
There were no verbal communications. no verbals...
The minutes of the January 24, 1968 meeting were approved upon the
motion of Member Fitch and the second of Member Aguilar, with Member minutes
Small abstaining, which motion passed -unanimously. approved
Applications
A. 320-HC-68: Franchise Development Corporation; requesting "H:' 320-HC-68
Control approval for an exception to Ordinance',353, Section 70021,
allowing a pole sign to be installed for Mr. Ed.'s Restaurant'.,
to be located at the southwest corner of Bubb Road and Stevens
Creek Boulevards
Mr. Harry Hinton of 1345 El Camino Real, Burlingame,, representing the
applicant, conveyed, by the use of plot plans and an architectural
rendering, that a sign of the requested size would be necessary to presentation
preserve the restaurant's identity and attract motorists to the site.
Considerable discussion'ensued and Committee members asked if a hard-
ship would be created by reducing the sign 'so that it would conform
to the Ordinanceo,The applicant replied that, in order for the rest
aurant ,to survive monetarily, passing motorists would need to`know discussion
that the restaurant was there and that it was open. Mr. Hinton further
stated that, since this area is industrially zoned and if a larger
sign is not approved, the building to 'be -constructed would be dwarfed.,
by larger buildings in the very near future.
Page 2
audience
comments
staff
comments
320-HC-68
denied
321-HC-68
present-
ation
Minutes of the "H" Control meeting, February 14, 1968
320-HC-68 cont'd
Mrs. Carol Fritz of 22005 Regnart Road, Cupertino, asked to
be heard and stated that she doubted very much that the quality
of the food would be affected by a larger or smaller sign, as
the case may be and that, once people would know that a good
restaurant was located at the proposed spot and that it was
opal for business on a 24-hour basis, the size of the sign would
make little or no difference.
Mr. Eugene Barber of 10356 Norwich, Cupertino, also asked to
be heard. He stated that he was a commercial artist and that
he felt that the applicant had spent considerable money, time
and effort into the project, and that he thought it unfair
if the Committee members would not allow a variance in the
name of esthetics.
Chief Building Inspector Benevich commented that the City
Ordinances had been one year in the making, with seven
drafts, that it was a good and well thought-out Ordinance,
and that it was there for one purpose only, to preserve the
attractive impression of the City of. Cupertino.
Chairman Irwin stated that, in his opinion, the City Ordinance
did not need defending and he assured the applicant that
previous requests for variances had been denied, but that the
applicant did have an additional avenue of appeal, and that
would be to the City Council, should this Committee vote against
his request for an exception to the Ordinance.
-frefacing his motion, Member Aguilar stated that the Committee
was in no posit_::^-, to arbitrarily change any Ordinance; that
an exception m , _;'::. possibly be granted only if an undue hard-
ship exists or ::.sated by the denial; and that the applicant
had not only a c:':::':: lot but also a long -running lease on the
property. He the. A°-:d -`hat this Committee recommend against
approval of Applicant 320-HC-68. The motion was seconded by
Member Small and carried 4 - 0.
B. 321-HC-68: Harman Cupertino, Inc.; requesting "H"
approval to construct a aentr(ekey Fried Chicken
Take-out restaurant, to be located on the north-east
corner of Highway 85 and Silverade Avenue.
Mr. L. W. Harman of 400 Main Street Los Altos, presented, by
the use of a plot plan and architectural renderings, the
proposed building. He stated that the building would consist
of used brick, glass, redwood tile, wooden shakes and stucco.
Questioned as to the sign Mr. Harman said that there would be
no revolving sigaof the usual trade -mark for the restaurant
chain on top of the building, and that the site was bordered
by a now existing Richfield Service Station to the south-
east and a 7-11 Store immediately east.
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Minutes of the "H" Control meeting, Fenruary 14,, 1968
321-HC-68 cont'd
The Committee members questioned Mr. Harman about the rlans for
the remainder of the property as only half of the property now
owned by the applicant is.scheduled to be constructed upon. Mr.
Harman stated that it would be kept vacant for the time being,
but that it would be kept up and that, at some later time., a number
of retail operations were envisioned to be located on the other
half of the property. When questioned by Member Small,, Mr. Harman
said thathe would agree to having the refuse area moved and enclosed,
if this was the desire of the Committee, and that. the concrete.
the shake would be incorporatedIn this plans for this operation
as had been stipulated previously by the Committee members.
After the Committee members had requested.information.relative to
the type and placement of lighting fixtures, possible litter areas,
etc., and after'Menber Fitch had stated that he would much
prefer to .. have I this same application presented in greater detail
and additional planning and information at some later date, but',
had then been. -advised by Mr. Benevich that time was of the essence
to the appl icant because an -,,mptlon, on the property was about to
run out.,Member Small moved to recommend approval of application
321-HC-68 subject to the ten standard conditions; subject to the
plans. submitted showing the use of used brick.- also showing the
concrete the shakes and the white stucco; also -that the land�_
scaping plans, including provisions'for ir-regA I tion of'the. property,
and the plans for the signs are to be submitted -to this Committee
prior to the approval of the building permit; also that a -written
stipulation be submitted, indicated that the remaining 112' of the
back parking lot .will be maintained at all -'times; also that the
parking lot lights adhere to,, and are approved by,,the City Code:
and, finally, that bumper stops be installed for all parkingspots.,
Member Aguilar seconded the motion and it was passed unanimously.
Co 322-HC-68.- Frank Hoffman, 1760 Willow Road, Hillsborough,
9
requestin . VVH: Control approval to construct a convenience
store ( 7 - 11 )., to be located on Blaney Avenue approxim-
ately 385 feet north of Stevens Creek Boulevard.
Mr. Goodwin Steinberg, the architect representing the applicant.,
relayed, by the use of visual aids, the information necessary
on which the Committee could base its decisions. Mr.Steinberg.
explained that the building would be constructed with slump stone,
ceramic tll(-,, , crushed. brick, on ,the--:robf , and that it would have
a light plastic sign with black lettering.- -
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Page 3
discussion
continues
321-HC-68
approved
with
conditions
322-HC-68
presentation
staff
comment
Page 4
Minutes of the "H" Control Meeting, February 14, 1968
322-HC-68 cont'd
After further discussion, Member Aguilar moved that
322-HC-68
application 322-HC-68 be recommended for approval with
approved
the plans as submitted, subject to the ten standard
conditions and with the landscaping and sign plans to be
submitted at a later date. Member Fitch seconded and it
was passed unanimously.
It was then that Member Aguilar amended his original
motion and considerable discussion had ensued about the
motion
possibility of removing the building from the rear property
amended
line so as to continue the roof line around the building.
and
Member Aguilar moved that Application 322-HC-68 be recommended
approved
for approval as above and further, subject to the submission
of a plot plan showing the new building location on the lot.
Member Fitch seconded the amendment and the motion to
amend was passed unanimously. The original motion was then
carried 4 - 0.
Again, Chairman Irwin advised the applicant to present his
application to the City Council at their next regularly
scheduled meeting.
D. 323-HC-68: L. B. Nelson & Associates; requesting "H"
323-HC-68
Control approval to construct a 122-unit apartment
project, to be located on the south side of Homestead
Rd., adjacent to, and on the east side of Homestead
High School.
Mr. Bob Fiddaman, the property finance manager for L.B. Nelson
and Associates, presented the architectural rendering and the
plot plans for the proposed project. He stated that there
would be 122 units, 16 units to an acre, all conforming to
the Ordinance and that no variance was needed. When questioned
about the materials to be used in the construction of the
present-
project, he stated that white and tan stucco would be used
ation
with vertical dividers at the windows, and that a rustic
look would be created by the rather large 8' deep decks.
Mr. Fiddaman also explained the traffic flow, the carports and
the use of trellises over the frontal parking areas, as well
as the courtyard, the swimming pool area and the fact that all
roofs would be constructed of heavy shakes.
When concern was voiced by the Committee members about adequate
protection for youngsters in the swimming pool area, the
applicant stated that the prospective tenants would be young
adults and that no couples with children would be permitted
to rent one of the apartment. Since, however, there is a good
possibility that the tenants would have children visit them
who would want to utilize the swimming facilities, Mr. Fiddaman
said that the usual sign of "No Lifeguard on Duty" would be
posted at the pool, and that he would think that the adults
would exercise common caution when in the presence of children.
t
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Minutes of the "H" Control meeting, February 14, 1968
323-HC-68 cont'd
Member Aguilar moved to recommend approval of application 323-HC-68
with the plans and specifications as submitted; subject to the ten
standard conditions; with landscaping and sign plans to be submitted
at a later time and prior to final approval of the building permit
and subject to the submfss ion of plans, for definite safety measures
in the swimming pool area. Member.Small seconded with a,question.
Mr. Small wondered if the building was going to be air-conditioned.
He was told that they would not be, but that provisions had been
made for each tenant.to have individual air-conditioning units in-
stalled9 if.the,tenant so desired., but that these units would not
protrude -to.. --the outside of the building,, but rather into the rooms
or verandas of the apartments.
Member Fitch amended the motion recommending that, if any refriger-
ation units. -will be installed. at a later time., they shall be in-
stalled in such.a fashion that not a single part of the equipment
protrudes to the outsides of the buildingsand that., in this way.,
the esthetics of the buildings are preserved. Member Small seconded
the amendment to the motion and the amendment.was passed unanimously,
after which the .original motion carried 4 - 0.
As before, Chairman Irwin suggested that the applicant appear before
the City Council at its next regular meeting scheduled for Monday,,
February 1%'1968.
So that the Building Department would be able to formally submit
this apJ?lication to the City Council at their next meeting.., Member
Fitch moved, Member Aguilar seconded and it was passed unanimously
that the architectural rendering of the proposed project remain,.
with the Building Department until after the City.Cou.ncil meeting.
E. 324-HC-68: Senor Taco, Inc.; requesting !'THt.' Cont-rol.approval
to construct a drive-in restaurant, to be located at the
east side of Highway 85 and immediately adjacent to the
Shell.Station on Bollinger Road and Highway 85.
Mr. Dick Hughes of 928 Twelfth Street, Modesto, presented., by the
use of plot plans and drawings, the proposed building. He stated
that the building would be constructed in white stucco, and.,thlallv-
the proposed sign had been designed in such a fashion that it
would conform to all City Ordinances. He also stated that all
lighting would be indirect and covered by beams, -and that there
was nothing gaudy or unsightly about the building as it is being
planned. Mr. Hughes alsosaidthat the roof would-be Spanish
red -tile roof, that the frontage would have dark -brown beans to
break up the monotony of the white stucco and that eight -inch wide
telephone poles would be utilized in the frontal construction also.
Page 5 �
Z
323=HC-68
approved,
with
question
discussion
motion
amended
and
approved
I
drawings
retained
324'HC-68
Presentation 11
Page 6
present-
ation
324-HC-68
approved
with
condit-
ions
recess
325-HC-68
Minutes of the "H" Control, February 14, 1968
324-HC-68 cont'd
Questions and answers ensued relative to the width of egress
and ingress, the location of the refuse area, receptacles
for refuse and whether or not the garbage area could be
built-in. Mr.Hughes assured the Committee members that,
because of the type of restaurant under discussion, there
is very little, if any, refuse to be expected. Member
Fitch, however, stated that he would like to see the
refuse area enclosed, and that this operation should be
maintained at the very highest level of cleanliness. Mr.
Hughes agreed that, if the Committee so desired, the refuse
area could be placed elsewhere than presently planned, and
that the applicant would make this condition a part of his
application.
Member Fitch moved that Application 324-HC-68 be recommended
for wpproval with the plot plans, elevations and detailed
descriptions as submitted, with the following changes and
subject to the ten standard conditions:
1) that the refuse area be contained in the 6' masonry
wall adjacent to the building;
2) that the pole lights to be constructed will have
concrete abuttments;
3) that all parking spots will have concrete bumper stops;
4) that landscaping and sign plans will be submitted at
a later time but prior to final approval of building
permit;
5)that the parking area be increased from 9 feet to 10 feet
in width with the concrete bases and outlets to allow
for this increase in width; and
6) that the plans for the changed wastepaper and refuse
area containers be submitted for approval either to the
Building Department, or to this Committee, at a later date.
Member Aguilar seconded and it was passed unanimously.
Chairman Irwin again instructed the applicant that he should
appear before the City Council at their next regular meeting.
Chairman Irwin called a recess at 10:30 p.m.
The meeting reconvened at 10:45 p.m.
F. 325-HC-68: Watson & Associates, 823 North Humboldt,
San Mateo- requesting "H" Control approver. to construct
a completely new designed McDonald's Restaurant and a
colonial village, to be located at the corner of Stevens
Creek Boulevard and Saich Way.
U
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A_
4"
Minutes of the "H" Control meeting,, February 14, 1968
325-HC-68 cont'd
Mr. Dick Slater of 582 Market Street., San Francisco., represented
the applicant. He stated that the management of McDonald's had9,
with a great deal of misgivings, re -designed the building to please
the community and to conform to the Ordinances. He stated that the
walls had been designed differently,, the arches had been reduced in
size and height., the roof had been changed, the lighting would be
somewhat indirect ands to further de-emphasize the arches, the trade
mark of McDonald's� they had been designed with an aluminium capping
with a bronze tone,
Considerable discussion followed during which Committee member Fitch
stated that it was his feeling that a strong stand would need to be
made with constructions of this nature; that area after area in the
City of Cupertino is being broken up; and that the proposed project
was entirely too close to a beautiful City park and a new junior
college campus. During the discussion, the applicant was asked
if management would consider to take the arches off the top of the
building and place them9 in the form of a pole sign, in front of
the building. It was the consensus of opinion that, no matter where
these arches are placedg they are still depicting McDonald's,, and
that, as such., the arches would have to be considered a sign rather
than a structure. It was at this point that the "Committee members
asked Chief Building Inspector Benevich to read the Ordinance relatil
to this particular matter.
To the question if McDonald's' management would consider removing
the arches off the roof, the representative answered with an une-
quivocal hNolf, stating that this had been a trade -mark of the chain
for years, and that management would be hzippy to conrerate with most
anything. Howeverwhen it comes to the matter of,.t-he sign on the
roof they are most adamants
The Committee members assured Mr. Slater of their fullest cooper-
ation in'trying to work with the representatives from McDonald's.,
but also firmly stated that factual plans., and not just small drawings,
would have tobesubmitted before the Committee could come to any
type of decision.
Member Aguilar moved that application 325-HC-68 be continued for two
weeks and be re -submitted after -olans for a possible pole sign or the
removal of the arches off the top of the building have been submitted.
Member Fitch seconded and the motion passed unanimously.
There were no items for either the "Unfinished Busines" nor the "New
Business" portion of the agenda.
Member Aguilar -moved, seconded by Member Small., which motion passed
unanimously, that the meeting be adjourned.
Meeting adjourned at ll-.45 P.m.
APPROVED-.
s Keith E,. Irwin
Chairman
Page 7
present-:
anon
discussion
alternative
discussed
comments�
325-HC-68
continued
adjournment