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March 03, 1971E 0 -0 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE HELD MARCH 3, 1971 IN THE COUNCIL CHAMBER CITY HALL, CUPERTINO, CALIFORNIA Chairman Adams called the meeting to order at 7:34 p.m. and led all assembled in the flag salute. Roll Call Members in attendance: Ryner, Small and Chairman Adams. Absentees: Members Marquez and McLaren. Also in attendance: Public Works Director Yarborough and Recording Secretary Dolores White. Minutes of Previous Meeting 1. Approval of Architectural and Site Approval Minutes of February 17, 1971, Inasmuch as there were no corrections or additions indicated, it was moved by Member Ryner, seconded by Member Small and passed unanimously that the Minutes of the meeting held February 17, 1971 be approved as submitted. Written Communications 2. Letter from George Ahamnos dated February 22, 1971, regarding request for one -month delay. The referenced communication was recognized by Chairman Adams as being received, after which it was moved by Member Small, seconded by Member Ryner and passed unanimously that the one -month continuance be granted and that a report be presented by the staff at the end of that period for review. Public Works Director Yarborough introduced his memorandum indicating action taken by the City Council wherein the H-Control Committee was established as the review committee for all off -site and street land- scaping projects. He said he would bring additional information for the Committee's review on this subject. Oral Communications 3. None requested. Public Hearings 4. Application HC-51,206.1 - Pascco Signs, 1256 Birchwood, Sunnyvale, 94086, requesting approval for sign for The Customhouse, 20060 Stevens Creek Boulevard. (Loc. Map, Ex. 1) HC-28 roll call Minutes approved hearing postponed Page 2 HC-51,206.1 presentation applicant's comments Minutes of H-Control, March 3, 1971 Public Hearings (continued). Chairman Adams informed the applicants involved in public hearing applications that, if they desired to'do so, they could request continuances on their applications to; have more members present for a vote. Member Small added, with only three members present as was the case this evening, two "no" votes could result in a denial of an application. i Public Works Director Yarborough described the application in question as a request for an internally -illuminated sign, replacing a wooden sign now in existence at the location. He said the suggestion had been made the planter be enlarged toiprovide for additional land- scaping as the sign proposed would be extending beyond the planter area. To qualify for the new sign area which was larger than the area previously utilized, the applicant had indicated his willing- ness to remove sign from the face of"the chimney. The sign wording was similar to the previous signing with the exception that the word "Entertainment" was to be spelled out instead of "E" as previously shown. It was suggested by Chairman Adams that the landscaping within the planter be referred to the Staff Committee -for review, after which Member Small offered his opinion that the landscaping presently in existence was very good. The applicant came forward at this time and identified himself as David Erickson of 1256 Birchwood, Sunnyvale, California. He said he was agreeable to removing one parking space to provide for a larger planter area and, further, to removing the sign face from the chimney, as requested, He described the sign as having a cream - colored background with dark brown lettering and orange trim to harmonize with the Spanish styling of the building. r. Member Ryner questioned the height,' indicating that he was not con- vinced that a 20-foot sign should be used here as well as the proposed size of the sign. The applicant responded by indicating that the sign size was determined by the City Ordinance limits adding that he would have to check with the owners in order to change the proposed height. When questioned by Member Ryner as'to a possible reduction in size of the word "Entertainment" on the sign or complete elimination of same to allow the existing signing on tiie chimney, Mr. Erickson responded by saying that the signs were designed within certain design limita- tions with much effort having beeni,expended in planning the display. He said the word "Entertainment" was an important one on the sign display as far as soliciting business was concerned and added that he did not care to 'remove this word from the sign. He then mentioned the fact that the signing on the chimney was not of major importance to The Customhouse. Agreement was indicated by MemberiSmall insofar as the applicant's comments were concerned. He felti;the enlarged size of the sign was important because he had personal experience in the past with persons being unable to find the restaurant because of the smaller sign. He I i HC-23 r U 0 Minutes of H-Control, March 3, 1971 Public Hearings (continued) went on to say that he felt, in comparison to other cities, Cupertino had the strictest Sign Ordinance in the County and, in that the applicant was well within the Sign Ordinance, he-should.be granted approval on his application. He continued that, to his knowledge, all of the City's signs with the exception of one, were at the 20- foot height. He felt that the sign was a very tasteful one which would be quite helpful to the small businessman in advertising his establishment. In concluding, Mr. Small mentioned his feeling that, because no variance was involved in this application and the sign was within the ordinance and, further, that the sign was of very high quality, he felt the application should be approved. Chairman Adams voiced his agreement with Member Small saying a raise in height was an improvement insofar as advertising was concerned. ® He added that he had no objection to this particular installation in that it was very harmonious with the existing architecture of the building. After a brief discussion, Member Small informed the Committee that, inasmuch as the sign was within the Sign Ordinance, is attractive and is needed to draw clientele, he wished to entertain a motion that Application HC-51,206.1 be recommended for approval to the City Council subject to the Standard Conditions of H-Control and as indicated on the exhibits presented with the further conditions that the planter be enlarged at the base of the sign, subject to approval of the Staff Committee, and that the sign be removed from the chimney in order to comply with the Sign Ordinance. The motion was seconded by Member Ryner and the following vote resulted. Ayes: Member Small and Chairman Adams Noes: Member Ryner Absent: Members Marquez and McLaren Chairman Adams advised Mr. Erickson that the application would be heard by the City Council at their next regular -scheduled meeting of March 15th and recommended he be present at that time. 5, Application HC-51,249 -- Federal Signs, 1521 Terminal Avenue, San Jose, 95103, requesting approval of sign for Bessie's Delite, located at 20030 Stevens Creek Boulevard (replacement of sign faces) continued from previous meeting, with new plans submitted for sign and for window neon tubing. (Loc. Map., Ex. 2) Public Works Director Yarborough reviewed the events leading up to the present discussion and indicated a misunderstanding had occurred, which the staff felt responsible for, in that the applicant had secured and erected window signs because he felt they had been approved,with no intention of violating the Sign Ordinance or proceeding without the Committee's approval. The applicant, he continued, was desirous of correcting this misunderstanding at this time. ° HC-28 Page 3 discussion HC-51,206.1 recommended for approval HC-51,249 presentation Page 4 HC-51,249 discussion further dialogue Minutes of H-Control, March 3, 1971 Public Hearings (continued) Mr. Yarborough informed the Committeej;that the window signs were within the Sign Ordinance, however, the owner of the property would not agree to changes in landscaping as an upgrading measure on the site. He added that the City Attorney would be explaining the sphere of influence insofar as the H-Control Committee was concerned relative to upgrading procedures. He concluded by saying that approval iaas requested for the window signs and the reader board. In response to Member Small's inquiryj,as to the numerous items of copy at this location, i.e., the reader board, the "Nite Cap" sign and the champagne glass, Mr. Yarborough said jthat these items were in existence prior to the formulation of the City !Sign Ordinance after which he presented a drawing showing the colors of the new sign being of white and yellow background with black, green, and red lettering. Concern was indicated by Member Ryner as to the number of neon signs and suggested a change in neon substance coloring. At this time, Mr. Gene Barber, 915 Fern Grove, San Jose, came forward representing Federal Signs, apologizing for the placement of unapproved neon tubing in the windows. He clarified the signing to be located on the reader board by saving that the letters would be removable and would be used by Bessie's Delite only. Member Ryner suggested that the motion 11 be conditioned to indicate "tall the sign ,ill not be changed. i� Member Small objected to the numerous colors shown on the reader board lettering and inquired as to a chang:e in color scheme, to which Mr. Barber responded that the applicant selected these particular colors to reflect identity. He added, in responding ro Member Ryner's comment as to change of neon substance coloring, that this would be a very expensive process for the applicant to undertake at dais time. i. Mr. Ow, representing the owner, indicated a willingness to change the green coloring to brown to better blend with the other existing sign as requested by Member Small. He mentioned that he felt limited as to any other revisions being agreediiLo at this time as he felt he should discuss changes with the owner, Mr. Wong. i Considerable discussion continued,'teherein Member Ryner mentioned, in that it was not necessary for the applicant to come before the Committee for a change on reader board lettering, the matter be dropped from dis- cussion at this time. He reiterated his concern as to the window tubing because he felt it to be gaudy and'suggested that this portion of the application be continued to allow the presence of the absent members. Member Small and Chairman Adams were in agreement with Member Ryner in this regard. Reflecting back to the previous Minutes, Member Ryner inquired as to whether or not the staff had initiated removal of the signs at this location to which Mr. Yarborough responded that the Minutes were not delivered to the applicant in time; to remove these signs, adding that this was not done deliberately. i i i i HC-28 s • 11 Minutes of H-Control, March 3, 1971 Public Hearings (continued) Discussion continued, after which it was moved by Member Ryner that Application HC-51,249 be continued for hearing at the next regularly - scheduled meeting and at that time the owner of the building as well as the owner of the restaurant be requested to be present for dis- cussion. The motion was seconded by Member Small and it was requested, additionally, that consideration be given to a change of coloring in the reader board sign and neon tubing. Ayes: Members Ryner, Noes: None Absent: Members Marquez Small and Chairman Adams and Mclaren 6. Application HC-51,075.7 - Information Storage Systems, 10435 Tantau Avenue, Parcel 19, Vallco Industrial Park,. requesting approval of a security fence. (Loc. Map, Ex. 3) Slides were shown by Mr. Yarborough who described the type of fence proposed as incorporating redwood slats in wire mesh to obscure view into the area at the rear of the building. The applicant, Bob Peterson of 270 Castania Way, Menlo Park, said there had been a problem with children running into the area where equipment was located. He added that an extension of time Had been previously requested to allow the temporary location of trailers in this area for a period of 6 months which was pending. Because he felt the fence was a necessary protective measure to be taken, Member Small moved that Application HC-51,075.7 be recommended to the City Council for approval subject to the Standard Conditions of H-Control and plot plan submitted. The motion was seconded by Member Ryner pending further discussion. Mr. Ryner questioned the height of the proposed security fence, to which Mr. Peterson responded that the height would be 7 feet. It was suggested that the motion be amended to include the condition that the fence be at a height of 6 feet or the applicant re --apply for a variance to allow the 7-foot height. The motion was amended by Member Small to include the condition the fence be at the height of 6 feet, in conformance to the existing ordinance, or, should the applicant wish to build the fence at 7 feet, he be required to come before the R-Control Committee for a Variance. The amended motion was seconded by Member Ryner. The applicant indicated his understanding that, if the fence was not located on the property line, this height limitation did not apply and the limitation was reaffirmed by Chairman Adams. • A vote was taken, at this time, on the amended motion resulting in the following decision. HC-28 Page 5 HC-51,249 continued HC-51,075.7 recommended for approval Motion amended to include condition Page 6 recess called IIC-51, 23 6.1 presentation i i. i. i Minutes of H-Control, March 3, 1971 Public Hearings (continued) ) i Ayes: Members Ryner, Small and Chairman Adams Noes: None I, Absent: Members Marquez and McLaren' i The following vote was taken on the original motion initiated by Member Small and seconded by Member Ryner. i� Ayes: Members Ryner, Small and Chairman Adams Noes: None Absent: Members Marquez and McLaren The applicant was advised by Chairman' Adams that this application would be heard by the City Council on March 15th and asked he be present at that time. i I 7. Application HC-51,236.1 - Enco Service Station, Maxine and Homestead, requesting approval of site, architecture, land- scaping, lighting, signs and undergrounding of utilities. (Loc. Map, Ex. 4) i i Prior to discussion of this application, a recess was called by Chairman Adams at 8:46 p.m. with thej'meeting reconvening at 8:56 p.m. i Mr. Yarborough reviewed several slides offering the following comments. He said the trees would all be remaining on the property with the exception of one tree in the trafficl'flow area a tree which had grown badly and which would block thIe sign at the corner. The site plan, he said, was functional and p6,,sed no special problem, adding that it was in accordance other than'the tree problem. j� In describing the architecture he said the building was to be constructed with a slumpstone exterior, tile roofing, dark brown trim with the sign "Happy Motoring" incorporating a dark brown background. It was suggested, according to Mr. Yarborough, that slumpstone be used around the canopy columns as well as the sign column.,; He continued by saying that the "Happy Motoring" sign would incorporate white lettering instead of the blue lettering as originally proposed. He then presented several elevation drawings and explained them in detail to the Committee. i The lighting was described as consisting of low-level fixtures to be located adjacents to driveways and 'offet lighting in the canopy to be diffused through glass panels. i Mr. Yarborough informed the Committee that it had been suggested slumpstone be used around the supporting structure beneath the sign, and he presented slides showing the miscellaneous signs proposed. He reiterated that the "Happy Motoring" sign lettering was to be changed to white instead of blue as proposed originally. i� He explained the undergrounding oflutilities as follows. The plan, he said, had not shown any poles on the site with all utilities being located underground. h i HC-28 0 0 U L J n U Minutes of H-Control, March 3, 1971 Public Hearings (continued) J. Robert Dempster, Attorney representing the applicant, 20325 Stevens Creek Boulevard, Cupertino, gave the Committee members copies of lighting to be incorporated into the facility which was to be of a frosted glass type beneath the overhang of the canopy. Relative to the architecture he said the station was to be typical of other Enco stations with slumpstone on the walls and incorporating a rustic look with the use of wood. He said the application was agreeable to the placing of slumpstone around the canopy support columns as well as the sign supporting column. Mr. Majors, Engineer for Humble Oil and Refining Company, explained the slope of the property indicating that the said slope would be only 1 per cent thereby not being visible in comparing the canopy pitch with the building pitch. He said the maximum height of the canopy would be at 15 feet which, according to Mr. Yarborough and Mr. Dempster, was within the City Ordinance indicating 16 to 18 feet as the limitation. It was Member Small's feeling that the architecture was excellent. He then entertained a motion, which seconded by Member Ryner, that Phase A of Application HC-51,236.1,pertaining to architecure, be recommended to the City Council for approval subject to the Standard Conditions of H-Control and to the further conditions that: 1) the height of the canopy be within the Ordinance of the City and 2) the slumpstone material be used to encase the columns supporting the canopy and the sign. Ayes: Members Ryner, Small and Chairman Adams Noes: None Absent: Members Marquez and McLaren It was suggested that Phase B include both the landscaping and the wall to be placed on the property. Mr. Dempster described the various plantings to be used as being those indicated on the plan. He said Ivy would be used along with junipers, etcetera, and stressed that the only trees to be removed would be the large Olive tree in the driveway and the Pine near the radius of the property. The wall, he said, would be of a 6-foot height composed of concrete blocks covered with slumpstone in a texture to match the remainder of the service station facility. Member Ryner questioned the material comprising the berm shown and whether or not the trash area would be enclosed, to which Mr. Majors responded that the curb would be made of concrete standing 6 inches high and the trash area would-be enclosed with slumpstone material • to match the service station. HC-28 Page 7 further description Phase A - HC-51,236.1 approval recommended Phase B description Page 8 Phase B - HC-51,236.1 recommended for approval Phase C discussion HC-51,236.1 Phase C approval recommended Minutes of H-Control, March 3, 1971 Public Hearings (continued) It was moved by Member Small and seconded by Member Ryner that Phase B of Application HC-51,236.1,pertaining to landscaping, the periphery fencing and the trash disposal area, be recommended to the City Council for approval subject to the following conditions: i 1) that the trash disposal area be of�the' same slumpstone material used on the service station, 2) that the removal of tree in the driveway area as well as the removal if the crooked Pine tree be permitted with the existing trees to remain as per plot plan and landscaping plans submitted by the applicant, 3) the Standard Condi- tions of H-Control and 4) the 6-inch,poncrete berm to be placed separating the planting area from thei.paved area. i� Ayes: Members Ryner, Small and Chairman Adams Noes: None Absent: Members Marquez and McLaren The lighting, Phase C, was described,,by Mr. Dempster and Mr. Majors as being located at the driveways and at the rear of the property as shown on the lighting plan. It was indicated that driveway lighting was to be of a 24-inch height with a 6-inch light and would have a shade which would be utilized.. i� Member Ryner commented that a mistake had been made on the unit located across the street, i.e., the Shell service station.iighting, and he indicated his concern as to the propiosed 200-watt lighting as being too intense and the proposed height of the lamps. It was suggested by Mr. Ryner that 150-watt lighting be considered. Discussion followed, during which Mr". Majors commented that the lights, as proposed along the driveways, were low-level and below the 200-watt proposed wattage wouldl,be unsafe, however, the direction of the rays could be controlled by the use of the shades. In continuing the dialogue, Mr. Dempster stressed the fact that, should safety become a problem resulting in an accident at that location, the City could also be involved in a personal injury lawsuit. Mr. Ryner reiterated his concern as to the light intensity aid suggested that the wattages be of 100-watts or below in this area.' i Responding to further inquiries as to lighting to be located beneath the canopy, etcetera, Mr. Dempster said the intensity would be 1500 mil amps and the low-level drivewayi'lighting would necessarily be 150 watts, according to the engineer, to shine towards the driveway by use of a shade resulting in 180--degree lighting. II It was moved by Member Small and seconded by Member Ryner that Applica- tion HC-51,236.1, Phase C, pertaining to lighting, be recommended to the City Council for approval subject to the light intensity being at 150 watts/ subject to the perimete'L'' lighting, in addition to being at 150 watts, be bradded so that the teflecticn of the light will be directed towards the driveway ingress and egress on a 180-degree basis; that the two additional ligliting fixtures proposed at the rear portion of the property be permitted to be installed at the u southerly portion of the landscaped area with no other overhead to be permitted. i HC-28 . • Ell Minutes of H-Control, March 3, 1971 ® Public Hearings (continued) It was requested by Member Small that consideration be given at the City Council level to the fact that, in addition to the 30-inch lighting, there would be a 6-foot slumpstone covered fence which would screen a great portion of the lighting. At this time, Member Ryner explained his nay vote by saying that he had been concerned about the high intensity of the lighting in question which he felt should be.lowered. Mr. Dempster described the proposed signing, Phase D, as follows. The support was to be covered with slumpstone material as well as the triangular support section beneath the word "Enco"; the sign, in order to comply with the Ordinance, would be relocated outside of the site triangle. He said the color of the lettering on the "Happy Motoring" sign would be changed from blue to white, there would be a red "Humble" sign located on the building and also a red and white "Enco" symbol at the end of the canopy. He continued by indicating all vending machines would be located within the building and that control would be exercised by Mr. Benevich relative to the displaying of smaller signs throughout the facility. It was moved by Member Small and seconded by Member Ryner that Application HC-51,236.1, Phase D, pertaining to signing, be rec- ommended to the City Council for approval subject to the plans and pictures submitted; that slumpstone be installed around the free- standing sign at the front of the property; that the sign height be within the Ordinance with its location to be determined by the staff; and that the excessive use of A -frame signs not be permitted. Member Small clarified his condition prohibiting A -frame signs saying that his intention was that these signs be used on an occasional basis only and that they not be placed over the entire lot. Ayes: Members Ryner, Small and Chairman Adams Noes: None Absent: Members Marquez and McLaren Inasmuch as the undergrounding phase was understood by the members, it was moved by Member Small and seconded by Member Ryner that Phase E of Application HC-51,236.1,pertaining to undergrounding of utilities, be recommended to the City Council for approval subject to the City Ordinances and approval of the professional staff of the City of Cupertino. Ayes: Members Ryner, Noes: None Absent: :Members Marquez Small and Chairman Adams and McLaren Mr. Dempster was informed by Chairman Adams that this application would be heard by the City Council on March 15th and he recommended a representative be present for discussion at that time. HC-28 Page 9 Phase D description Phase D - HC-51,236.1 recommended for approval Phase E - HC.-51 , 23 6.1 approval recommended Page 10 HC-51,231.1 presentation architect's comments HC-51,231.1 recommended for approval i I . i Minutes of H-Control, March 3, 1971 i HC-28' Public Hearings (continued) . i 8. Application 51,231.1 - Sterling Home Developers requesting approval of modification ofi approved plans at Foothill Boulevard and Stevens CreekBoulevard, Westridge Tract 4824, for site and architecture. (Loc. Map, Ex. 5) Public Works Director Yarborough mentioned that the property owner had been unable to acquire a 14-footieasement from the Pacific Gas and Electric Company and, therefore,ithe applicant was required to change his site plan accordingly. The buildings had been re -oriented on the site thereby changing the location of the garage structures and reducing the number of units on the property. He said the tile roof material had also been changed to shingles to keep variety and to bring forward the character of the mansard roof line which had also been changed. Slides and renderings were then presented to the Committee for their information.i, • I' Member Small reflected the discussion which took place at the Planning Commission saying that it was suggeslted the garage doors be changed - to the end of the buildings. Mr. Yarborough added that the City Council, in their discussion, recommended landscaping be placed be- tween the driveways. i Mr. Warren Gilbert, 1515 The Alameda, San Jose, informed the Committee that the orientation of one building only had been proposed with the remainder to remain as they were originally planned. There had been a change, he said, in some buildings from two-story to one-story structures because of more demand and the units, in total, had been reduced from 75 to 71. He concluded by saying that the architecture had remained basically the same as shown in the first plan except for the one-story conversion and the re -orientation of one building. i i The possibility of turning one of the buildings around, Building E, was explored by the Committee who fielt, generally, that this point should be considered. I, i Mr. Fred Ludeman, representing Sterling Home Developers came forward indicating that there would be no advantage in turning this particular building around adding that much more landscaping would be provided if the planting strips were incorporated between the driveways. I Member Small was of the feeling this particular point was a_..minor one to which Mr. Gilbert.agreed in,thatthis street was not a neighborhood street or a major thoroughfare. After discussion continued briefly; it*was moved by Member Ryner and seconded by Member Small that Application HC-51,231.1 be recommended to the City Council for approval siubject to the plot plans and eleva- tion drawings submitted regarding ithe architecture and regarding location of Unit No. 2 and subject to the following conditions: if possible and without any delay in approval of tine development, the exhibits shown as Buildings D and E as shown on Exhilbit S-1, the garage locations be changed to reverse the garage locations toi provide access from the alley streets i. I I, Minutes of H-Control, March 3, 1971 Public Hearings (continued) instead of the main entrance street with this condition to be approved by the City Staff and Planning Director without any delay to the appli- cant otherwise this condition not be considered; -also conditional that landscaping will be submitted at a prior date and subject to the Stan- dard Conditions of H-Control. Ayes: Members Ryner, Small and Chairman Adams Noes: None Absent: Members Marquez and McLaren 9. Application HC-51,172.1 - Perrotti Construction Company requesting approval of site, architecture and landscaping, duplex located at 22550 Alcalde Road. (Loc. Map, Ex. 6) ® Mr. Yarborough reported that this duplex was identical to others lo- cated in the area and presented slides showing same. He said the architecture was the same as others approved in the past. In that there had been no landscaping plan provided previously, Mr. Yarborough described the proposed landscaping as follows: would consist of Ivy, lawn area, trees (Magnolia,25-gallon, 1-inch diameter) and Junipers. The applicant, Al Perrotti, 1679 Jones Lane, Los Altos, came forward for discussion saying that he had nothing to add to the comments previously made. In that no questions were asked, it was moved by Member Small and seconded by Member Ryner that Application HC•-51,172.1 be recommended to the City Council for approval of architecture and landscaping subject to the plans submitted and the Standard H-Control Conditions. Ayes: Members Ryner, Small and Chairman Adams Noes: None Absent: Members Marquez and McLaren The applicant was advised that his application would be heard by the City Council on March 15th. i 10. Application HC--51,015.8 - Edwin J. Meyers, Architect, requesting approval of architecture of two store front modules in the Crossroads Shopping Center. (Loc. Map, Ex. 7) Mr. Yarborough.preserted slides of the site along with an elevation plan and photographs. HC-28 Pave 11 HC-51,172.1 approval recommended The applicant was recognized as being present in the audience for ofdiscussion and, insofar as no questions were indicated by the Committee HC-51,015.8 members, it was moved by Member Ryner and seconded by Member Small that approval Application HC-51,015.8 be recommended to the City Council for approval recommended Page 12 'IMinutes of H-Control, March 3, 1971 HC-51,088.7 presentation and discussion HC-51,088.7 approval recommended 'Public Hearings (continued) subject to the Standard Conditions ofH-Control; plot plans and eleva- tion plan submitted. Ayes: Members Ryner, Small and Chairman Adams Noes: None Absent: Members Marquez and McLarenj The applicant was advised his application would be before the City Council on March 15th and he was requibsted to be present at that time. 11. Application HC-51,088.7 -- Bernard W. Stewart , P. 0. Box 939, Mt. View, 94040, requesting'. approval of architecture of screen around nitrogen tank, Varadyne building, 10060 Bubb Road. (Loc. Map., Ex. 8) Mr. Yarborough reported that the request was fora screen to obscure the tank from view as well as for protective reasons. He said the Fire District had not yet ruled'as to whether or not the tank was far enough from the building.structuII. e. The tank was to be of a height of 14 feet and the screen requested was to be also of the 14-f oo t height. I( An inquiry was made by Member-Ryner tank instead of the vertical tank i 10538 San Leandro Avenue, Cupertino of horizontal tanks as all previous He .stressed the fact that, if this the horizontal type tank, the cost was concerned. HC-28 . as to the possibility of a horizontal tended to which Mr. Bernard Stewart, responded that he had no knowledge tanks had been of the vertical type. pplication was postponed to investigate ould be increased as far'as time loss • • I' Member Ryner indicated his preference for the horizontal type tank be- � cause of the freeway proposed in the area and Mr. Stewart agreed that, if a horizontal tank was available,i'he would be agreeable to this change prior to appearing before the City Council on this application. After a brief dialogue, it was mov Member Small that Application HC-5 City Council for approval for Vara the following conditions: 1) that horizontal tank be installed in th plot plan taking up as great as 3 be constructed of the same materia replacing the 14-foot fence and th tion.be subject to approval of the location of the storage tank. Thi to the Standard Conditions of H-Co 3 by Member Ryner and seconded by ,088.7 be recommended to the yne's nitrogen tank subject to in place of a vertical tank, a same position as indicated on the irking spaces, 2) a 6-foot fence and color as noted in the plans t 4) this installation and recommenda- Central Fire District in regard to application would also be subject trol, Ayes: Members Ryner, Small andiChairinan Adams Noes: None Ij, Absent: Members Marquez and McL# en n LJ Minutes of H-Control, March 3, 1971 Public Hearings (continued) The applicant was advised that his application would be before the City Council on March 15th and he was requested to appear at that time. o Old Business In response to an inquiry made by Member Small relative to a series of yellow lights strung across the vegetable stand on Highway 9, Mr. Yarborough indicated he would be checking into this matter. Discussion continued during which Chairman Adams said he would prepare'' a listing of items of old business for review by the entire Committee at the next meeting. New Business Concern was indicated by Member Ryner who felt public hearings at the H-Control level should be publicized to acquire adequate response to the various applications. He cited an instance where a recent application came before the Committee for an apartment complex at the corner of Riverside Drive and Stevens Canyon Road. He said the applicant was good enough to contact the local residents ultimately to be affected by the construction to obtain their opinions and approval. None of these residents knew of the public hearing held at the H- Control level and by the time the matter had proceeded to the City Council level, it was not a public hearing application but one for approval on recommendation only. In general, he said there is no response on applications from citizens because the hearings are not advertised or made known. He suggested that, as a private citizen, he contact the Courier to investigate the possibility of publishing a list of hearings or an article relating to Citv affairs,or that a change be.made in the rules and regulations of the H-Control Committee providing agendas be published prior to the meetings. He concluded by saying that the citizens of the City should be inform- ed so that they may have the opportunity to appear at public hearings which may be of immediate concern to them. Member Small informed the Committee members that, under General Law of Cities, the City Council's and Planning Commissions had been established by the State of California legislative body as operating under the rules and regulations of the State requiring public hearings of applications. The H-Control Committee, he said, is not recognized by the State in this regard. This body is created by the City Council as a recommending and advisory committee to the City Council and the Council is responsible for actions taken within the City. In con- tinuing his comments, Member Small indicated that the H�Control Committee Chairman, under the rules and regulations of the Committee, would not have to recognize members of the audience unless he wished to do so, adding that the cost of publication, as suggested by Member Ryner, was very high. He was in agreement, however, with the sugges- to run a City affairs type of article. HC-28 Page 13 varied comments public hearings discussed Page 14 I. I. Minutes of H-Control, March 3, 1971 i New Business (continued) I It was agreed by Chairman Adams that the public should be notified of public hearings and especially thosel'residents living in the area of the application concerned. He feltla special, ec ia� column p showing a list of the hearin s o nl would g � y, d be adequate. i. After discussion continued briefly,i'it was suggested by Chairman Adams that Member Ryner investigate the rules and regulations of the H- Control Committee to recommend changes, where needed, in this regard. It was also requested that Mr. Yarborough contact the City Attorney y as well as the City Clerk as to wha t hat action would be recommended for alerting the public to hearings. In concluding, Member Ryner asked that the City Manager also be included in discussions. Chairman Adams reviewed action taken at the last City Council meeting informing the Committee members that the H-Control Committee had been f Further selected t e o o be in charge f the street tree planting fund insofar as comments locations were concerned. He then reauested that the members think about a plan which could be further developed at the next meeting. i' Mr. Yarborough informed the Committee that the City Attorney had pre- viously advised that Committee members,as well as members of other Commissions, view sites involved .in;applications before them in a group rather than individually. Iniresponse to this comment, Member Ryner said he would like to review this item with the City Attorney also. A recommendation was made by MemberRyner that the H-Control Committee consider donating a tree for lan p ting in the plaza. I It was understood by Member Ryner that four applications had been received for the vacated position oP the Parks and Recreation Commis- sion recently,which brought a pointjto mind. He said the H-Control Committee also had expiring terms in April of 1971 and requested that publicity be initiated to alert all' interested parties to the openings which will soon be available. i It was moved by Member Ryner that action be delayed by the City staff ?Motion concerning Bessie's Delite with reg','a_rd to removal of the flourescent initiated - lighting within the window areas until determination is made by the Bessie's H-Control Committee. The motion was seconded by Member Small and Delite the following vote was taken. r I, Ayes: Members Ryner, Small and;Chairman Adams Noes: None Absent: Members Marquez and McLaren Adjournment adjournment It was moved by Member Ryner, seconded by Member Small and passed by a unanimous vote that the meeting be adjourned. The meeting was thereby declared adjourned at 11:11. p.m. by Chairman Adams. ATTEST; APPROVED: I i /s/ Mu- E. Ryder i /s/ V. J. Adams City- Clerk Chairman HC-28 C� 0 E