June 10, 1970CITY OF CUPERTINO, State of California
10300 Torre Avenue, Cupertino, California 95014
® Phone: 252-4505
MINUTES OF THE REGULAR MEETING OF THE ARCHITECTURAL AND SITE
APPROVAL COMMITTEE HELD JUNE 10, 1970 IN THE COUNCIL CHAMBERS OF
THE CITY HALL, CUPERTINO, CALIFORNIA
The meeting was called to order by Chairman Small at 8:00 P.M. He then'
led the salute to the flag. j
Roll Call
Members present: Adams, Marquez, McLaren, Ryner, Chairman Small.
Also present: Chief Building Inspector Benevich, City Clerk -Finance
Director Ryder.
0 Election of Officers
On the motion of Member Marquez.and the second of Member McLaren,
Member'Adams was elected Chairman for the coming year. The vote was
unanimous with Member Adams abstaining.
On the motion of Member Marquez and the second of Chairman Adams,
Member McLaren was named Vice Chairman for the coming year. The vote
® was unanimous with Member McLaren abstaining.
Chairman Small thanked his fellow Committee Members for their coopera-
tion and efforts during his term as Chairman and turned over the gavel
to the new Chairman, Mr. Adams. Chairman Adams then thanked Member
Small for the time and effort that he had put in during the past year.
Written Communications
There were no written communications.
Oral Communications -
Mr. Ron Rifredi of Monta Vista Ready Mix said that there had been a
question at the Council meeting as to the size of tree he had intended
to plant. He said that there were many trees involved that represented
a considerable expense and he wanted approval for these prior to putting
them in. He submitted pictures.
Chairman Adams read into the record that, according to the pictures pre-
sented, the trees would be between 5 and 6 feet in height.
Member Small said that he disagreed completely with the City Council's
requirements and decision with regard to the cyclone fence. He thought
HC--10
roll
call
Chairman
Adams
elected
Vice
Chairman
McLaren
elected
communications
page 2
discussion of
Monta Vista
Ready Mix
plantings
(motion for
(reaffirmation
'iof
,landscaping
requirements
height of
trees
approved
Minutes of H Control, June 10, 1970
Oral Communications Cont'd.
this imposed an undue hardship financially and it was his opinion that
the planting of the trees 20 feet on center would be adequate. He
requested Chairman Adams to appear at the next Council meeting and
appeal the decision made by the Council.
Chairman Adams then asked City Clerk Ryder as to specifics of what
was contained in the City Council motion of approval and what the
general discussion had covered. This information was given.
Member McLaren said that the City Council action was final even if
Member_ Small thought differently. To this Member Small said that the
tearing down of a good cyclone fence wa's completely unreasonable and
requested the Committee to reaffirm its previous motion.
It was moved by Member Small and seconded by Member Ryner that the
Committee reaffirm its previous motion Ito have the landscaping plans
as submitted and recommended plus the height of the trees to be as de-
picted in the pictures.
I
Chief Building Inspector Benevich cautioned the Committee that this
application was closed and that Mr. Rifredi was here for a matter
separate from that of reopening the question.
Chairman Adams summarized the situationland stated that it was not
Dossible to override Council action andjthat a motion had been made
and seconded and a vote was required. I„
jThe vote on the previous motion was: j
jAyes: Members Ryner and Small
(Noes: Members Marquez and McLaren
iAbstain: Chairman Adams
i
;Chairman Adams then said that Mr. Rifredi had a right to receive
opinion of the Committee as to the height of trees he proposed t
.which was indicated to be approximately 5to 6' tall. This then
:placed in the form of a motion by MemberjSmall to grant approval
°then was seconded by Member Ryner and passed unanimously.
I
the
o plant
was
which
Mr. Rifredz then requested permission tol'file a copy of a letter he had
letter issued to Foster and Kleiser requesting that the sign on the property
filed be removed. Mr. Rifredi said the planter box could not be installed un-
til then and he wished the City to see that he was doing all he could
'to comply.
I
.Minutes of the Previous Meeting
I
{It was moved by Member Small, seconded by Member Marquez and passed un-
animously, with Member McLaren abstaining, that the minutes of the
� II
3 r
HC-10
0
•
•
0
0
` Minutes of H Control June 10, 1970
Minutes of Previous Meeting Cont'd.
previous meeting of May 27, 1970 be approved as submitted.
Applications
A. Application 308-HC-67, Otsen Signs, 152 Kennedy
Avenue, Campbell, requesting approval to erect a
19 square foot plastic sign for Mike's Hero
Restaurant located at 20840 Stevens Creek Boulevard.
The application was presented by Mr. Frank Burgess of Otsen Signs
and Mike Sullivan, the owner. It was explained that the sign would be
on the top of the building facing east and that it would be internal-
ly illuminated. It would have a white plexiglas face with the copy
"Sandwich" being red and "Mike's" being blue. The reason for request-
ing this was that the building could not be seen adequately while going
west on Stevens Creek Boulevard.
Mr. Sullivan said that after one year's experience it was felt that
there was a need to establish location identity and it would be bene-
ficial to have such a sign visible from the Mervyn's Department Store
area. Mr. Benevich said that the sign as requested was within the
ordinance requirements.
Member Ryner commented that he had concern for this illumination shin-
ing over the masonry wall which separated the commercial from the re-
sidential area. Mr. Burgess replied that the light density would be
very low and assured that no problem would arise.
It was moved by Member Marquez, seconded by Member McLaren and passed,
with Member Ryner voting No, that Application 308-HC-67 be recommended
for approval to the City Council as per the rendering submitted.
Chairman Adams advised that this application would be before the City
Council on June 15, 1970 and requested that the applicant be present.
B. Application 429-HC-69, The Original House of Pies,
5900 Rodeo Road, Los Angeles, requesting approval
to change roof color of the House of Pies Restaurant
located at 10055 Miller Avenue.
Mr. Max Michielsen of the Original House of Pies presented the applica-
tion saying that the present structure is an architectural disaster in
that the roof does not conform to the overall pattern and image of the
inside decor.
Chairman Adams thought that the requested new coloring was that which
had been approved previously.
Mr. Benevich read the previous minutes of August 13, 1969, and after
HC-10
page 3
minutes
approved
308-HC-67
legend
presentation
comments by
owner
308-HC-67
approved
429-HC-69
legend
presentation
page 4
i
I
i
H Control Minutes June 10, 1970 HC-10
I
Application 429-HC-69 Cont'd.
I subsequent discussion, it was thought possible to interpret two different
1 ways.
I I
The applicant asked that approval be given to replace or repaint the exist-
ing shingles. I
i
Member McLaren voiced her objection against repainting, saying that it
was nice looking now and that maintenance in the future might become a
iproblem.
a i
iMember Marquez said that he did not like the color as requested or as ap-
proved previously but that the Committee must be fair and abide by the
ruling made earlier. He thought there was no need for further action by
I the Committee.
I I
I Member Ryner brought up the issue of lighting. He read from the minutes
where the.lighting plans were to have been submitted at a later date but
they never were and the installations had been completed. He noted that
j at the last meeting a complaint had been registered about these same
lights. I
submission
of applicatiai The applicant admitted that no application for lighting approval ever had
for lightingjbeen submitted but agreed to do so if requested.
requested
Chairman
i
Adams said this should be done�l
429-HC-69
;It was moved by Member Ryner, seconded by Member McLaren to recommend to
disapproved
the City
Council that Application 429-HC-69 be disapproved.
Ayes:
Members Marquez, McLaren, Ryner
,Noes:
Members Small, Adams i
'Absent:
None
;Chairman
Adams advised the applicant that this matter would be before the
:City Council on June 15 and requested that he be present.
I
463-HC-70
ic.
Application 463-HC-70, J. Cyril Johnson Investment
legend
`
Corporation, 125 Willow Road, Menlo Park, request-
ing approval to construct a 1210 unit apartment
complex on the east side of Foothill Boulevard be-
tween Alpine Drive and Salem Aienue.
presentation!The
i
application was presented by Mr. LeRoy Johnson, the Architect.
'Chairman
Adams determined that the application was for both the buildings
(plus the
landscaping and suggested that -,the Committee consider this in
;two separate parts.
i
Mr. Johnson then said that the development would be placed on the elongated
! I
i�
P
•
•
H Control Minutes June 10, 1970 HC-10
page 5
Application 463-HC-69 Cont'd.
® site and would contain 119 units in groups of two-story structures con-
sisting of 4 apartments each, varying in size. Due to easement require-
ments, all parking would be on the back side of the property at a 2-1
ratio with one-half being under cover. The buildings would be of frame
and stucco construction having a shake roof. Redwood fences would be
around the patio areas; there would be the standard street tree plant-
ing system, plus the indicated shrubs and lawn in front of the complex.
In answer to the various questions Committee Members posed, Mr. Johnson
said that the second story apartments would have vaulted ceilings and
fireplaces as offsetting amenities for the first story apartments which
have access to patio areas. There would be no air-conditioning on the
roofs and no pipes or vents would be visible. He could not answer as
to the open space ratio but the narrowest space between buildings would
be 35 feet.
comments by
He continued answering questions saying that the average rental costs applicant
would be $175 to $275 per month and that in all likelihood the tenants
would be young married couples of the professional type in that the
complex was not family oriented. The color of the roofs and struc-
tures would be browns and reds and earth coloring. There would be a
common refuse pickup area at the end of each parking area which would
be covered and screened with the screening being compatible to the f
patio fencing. The lighting would be low mushroom type, just enough to
® relieve any danger from dark areas. The identification sign for the
complex would be submitted at a later date. f
It was moved by Member McLaren, seconded by Member Marquez and passed
unanimously that Application 463-HC-70 be recommended for approval by
the City Council,subject to the Planning Department Checklist, -the '
12 Standard Conditions, per the plot plan and elevation plan submitted 463-HC-70
for the buildings and also subject to the submission of landscaping, approved
lighting and sign plans prior to the issuance of any Building Permit. with
This motion was to contain the condition that approval is for materials conditions
and architectural concept only and not for site design as was indicat-
ed on the Planning Department Checklist dated June 10, 1970.
Chairman Adams advised the applicant that this would be before the City
Council on June 15, and requested his presence at that time.
D. Application 469-HC-70, Admiral Mobilhome Products, 469-HC-70
180 E. Sunnyoaks, Bldg. #2, Campbell, requesting legend
approval to install two aluminum patio awnings at
Chuck Thompson's Swim School located at 22340
Homestead Road.
The application was presented by Mr. Ken Sicklesteel of Admiral Mobil-
U
page 6
motion for
approval
motion
amended
469-HC-70
approved
with
conditions
470-HC-70
legend
presentation]
H Control Minutes June 10, 1969
Application 469-HC-70 Cont'd.
HC-10
home Products who said that the awnings would be on the inside of the en-
closure but would extend approximatelyi6 inches above the fence and would
be white in color.
I
Members of the Committee then discussed the site location as to the visibi-
lity of this from the highway and adjacent properties.
I,
It was moved by Member Ryner, seconded lby Member Small that application
469-HC-70 be recommended for approval by the City Council, subject to
the 12 Standard Conditions and the Planning Department Checklist.
Member Marquez said that he did not like the aluminum awning protruding
above the fence level and that it would become an eyesore. He suggested
at least that it be painted the same color as the fence.
I
The applicant affirmed that the existing plantings would remain as they
were, that it was possible to paint the'lawning a different color if it
was needed and that it could be loweredto the height of the fence.
It was moved by Member Marquez, seconded by Member Ryner that the motion
be amended to require the height of thelawnings not to exceed that of the
fence and that approval be conditioned subject to the renderings submitted.
The motion on the amendment was passed unanimously after which the motion
itself was passed unanimously. j
0
I
Chairman Adams advised the applicant that this would be before the City
Council on June 15 and requested his presence at that time.
E. Applicaton 470-HC-70, Barnhart Construction Co.,
785 Walsh Avenue, Santa Clara,l requesting approv-
al to construct an addition tol,Wells Fargo Bank
located at 10260 S. Saratoga-S'lunnyvale Road.
I
The application was presented by Mr. Gordon Pappin, Construction Engineer
for the Barnhart Construction Company. He pointed out on the drawings
submitted that there would be extensive'remodeling of existing parking
area. He said there would be an extension to the existing building on
the southerly side but that it would be of the same construction. A
pergola would extend from that to the Saratoga -Sunnyvale Highway. A
trellis would run the length of the easterly side of the building and
would be made of redwood glu-lam beams with redwood decking on top,
visible from underneath and roofed conventionally.
He continued by saying that there would be a new driveway and parking
stalls where the drive -up window is now and that the landscaping in the
I
I
I
I
0
0
H Control Minutes June 10, 1970 HC-10
page 7
Application 470-HC-70 Cont'd.
area would be the same as now exists. There would also be a concrete
retaining wall approximately 3' 6" high to the east of the building in
order to separate the elevations of parking area.
It was moved by Member Small, seconded by Member Ryner and passed un-
animously that Application 470-HC-70 be recommended for approval to
the City Council subject to the 12 Standard Conditions and the plans
submitted showing the architecture and landscaping as proposed being
the same as that existing.
Chairman Adams advised the applicant that this would be before the
City Council on June 15 and requested his presence at that time.
Unfinished Business
1. Member Ryner brought up the question of The Don's Pastrami
® business and the lighting at the Original House of Pies not being
taken care of after minutes had indicated they should and would be.
Mr. Benevich responded by saying that the owner of The Don's had
been in his office after the last meeting but had not as yet complied
with the Committee's instructions,even though he had been told many
times.
Following a discussion among the Committee Members as to the enforce-
ment powers of the Committee'it was moved by Member Ryner, seconded
by Member Marquez and passed unanimously that a recommendation be made
to the City Council that action be taken by that body with regard to
enforcement of the stipulations as approved in previous Committee and
Council meetings regarding The Don's Restaurant and that notification
of such action taken be given to the Committee.
is that,
Member Small said that he would like the record to reflect
that, although he had previously neglected to do so, he wished to ex-
press his appreciation to Chief Building Inspector Benevich and City
Clerk Ryder for their cooperation and assistance to him and the
Committee.
3. Member McLaren inquired as to the status of the antique shop
saying that the old sign was still there and wondered if it was an
ongoing business. Mr. Benevich replied that the application had been
approved by the City Council but that the sign was to have been tempo-
rary only. He said he had not seen the applicant since.
New Business
1. Chairman Adams requested that Vice Chairman McLaren assist
in presenting to the City Council the reports and applications sub -
discussion
on
enforcing
conditions
imposed
Council
action
requested
on
enforcement
appreciation
expressed
antique
shop
status
page 8
I
H. Control Minutes June 10, 1970 HC-10
New Business Cont'd.
I
Vice 'mitted by the Committee. He explainedthat it was not always possible for
Chairman Ihim to attend Council meetings on Monday evenings and thought that the
McLaren to I sharing of this duty by the Vice Chairman was a good idea and helped great -
assist in ly in the continuity of office.
presentations
to Council IVice Chairman McLaren said she would be happy to assist.
2. Chairman Adams commented on the type and style of some applications
having been accepted in the past in thi�t they were not too clear and less
than complete.
1Mr. Benevich said that he had issued instructions within his Department
that hereafter no plans would be accepted if they are not done profession -
only j ally. He said he realized this would palace a hardship on some applicants
professional but the intent of the City Council on this matter was clear.
plans
acceptable
3. Member McLaren brought up the 'question of the Councils.request
for a definitive description for trees. Member Small said that the Com-
mittee always had specified 15 gallons Viand that no problem ever had arisen
until this application of Rifredi's. Hie said he still felt it to be ex-
tremely unfair "to hang this man with these requirements".
I�
discussion ;
Chairman Adams asked whether the Committee was in favor of considering
on require- i
the height of trees at the time the application was made or to amend the
:rents for
12 Standard Conditions.
tree
heights •:
Member Ryner pointed out that a 25 gallon Japanese pine tree was only
42 feet tall, as an example of each trel having a different height for
j
gallonage size.
Member McLaren was in favor of specifying tree heights each time.
Member Ryner said that the Committee had departed from previous require-
ments for the Rifredi application and that he felt the Committee to
be lucky in this case but it could become sticky otherwise.
Chairman Adams summarized the consensuslas being to review each application
and specify tree heights as needed for any screening, otherwise relying
on the knowledge and integrity of architectural landscapers.
I
3. Member McLaren inquired as to conditions permitting the inferior
'_andscaping'
landscaping to exist at 10101 Bubb Roadlin the [lest Valley Industrial
at Bubb
Park. This building was the first on the right after exiting from Stevens
Road site
Creek Boulevard and had dead plants and,no
landscaping.
questioned
Mr. Benevich said the building was owned) by Carbini Electric Company who
had just that day given the occupants molney to put the landscaping in as
j
i
!
required.
j
•
•
0
H Control Minutes June 10, 1970 IHC-10
New Business Cont'd. page 9
Member McLaren said that there should be a time limit for conformance
and was in favor of recommending to the City Council that such be im-
posed and that proper plants be installed and maintained.
Mr. Benevich explained that some of these buildings are for specula- I
tion in which case landscaping is not installed until a lease is signed
which then makes the tenant responsible for maintenance. These build- (comments by
ings are not finaled until after the landscaping is installed. Gen- !Chief
erally, lending agencies withhold final payments until after a Certifi- Building
cate of Completion which, in turn, is not issued until after the land- Inspector
scaping is put in. I
Member Ryner made the following motion: The Chairman and the Chief
Building Inspector, or their appointees, are to review all previous +motion for
applications and conditions and stipulations that have been noted in review of
the H Control minutes and the applicants are to be notified of these !past
existing conditions immediately and, in any case, prior to the issuance llapplications
of a Building Permit. In the future an updated record is to be main-
tained and presented to the H Control Committee for constant review. i
He then cited the cases of Mervyn's Department Store and the pie shop
where lighting had been installed without applications having been.
made or approval granted. He said he could not always remember from
memory the conditions imposed on each application.
The motion died for lack of a second. motion dies
Chief Building Inspector Benevich said that he would review the pro-
cedural question with City Clerk Ryder and submit a proposal at the
next meeting on how best to improve the operations of this committee
which proposal would include suggestions as pointed out by the various
members.
0 Adjournment
On the motion of Member Small and second of Member Marquez, Chairman adjournment
Adams adjourned the meeting at 10:50 P.M.
g
11
Submitted for
approval:
City Clerk