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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. • 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.- - -ai-is,foy ed b1si-ow a,�cf,siiel�t 9VIJ 0-D. 2, 0"1 CT c--H` izirld- bed-,s.t,- Mr. 4ing l "it-D exr`bV� 6�hid"`eras locatffl_ .'ex4a'd ffi&'dliAl the of .'Jf,_.,,w- blfjc�,..r rad.w ed bljrow , -ZJ.UG nm —bussI.-7�"e,11d ONi" to rcnia Izua�f efr.+ j,&CJ+ b J ed-budEd-bEoedIJs beJPo-id' jnz_q 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 I� u • M 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 • 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