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April 26, 1967r 10300 Torre Avenue, Cupertino, Calif., D5014 252-4505 CITY OF CUPERT.IN0 California MINUTES,OF THE ARCH. & SITE CONTROL. MEETING OF APRIL 26, 1967 TIME- 8000 P.,M, PLACE: Council Chambers, .10300 Torre Avenue,.Cupertino ISALUTE TO THE FLAG II ROLL CALL 'Committeemen present Fitch,. Ko�nrit,z, Small, Stern, . Irwin Committeemen absent- None Staff .present- Chief.' Building Inspector, Bill Benevich Recording Secretary, Lois 'Inwards III COMMUNICATIONS A. Written 'There Were two written communications, both relating to application 265-HC-67o They were read during the hearing on, that, application. Bm Verbal - Mr. Walt Kohn of the Produce repot. MrQ Walt Kohn, 2094 Fargo:Dr ve, Cupertino, apologized for not being able. tobe present at the previous meetings he was requested -to attend, Chairman Irwin said he appraeciate.d. the fact that -this is a produce market, bu:t asked Mrm Kohn to please coordinate and organize his s°ign.s `to .conform Cupertino P s Sign .Ordinance, .He emphasized that a good itpression.should be created on this busy thoroughfare for both the Cupertino citizens and for the people passing through our City - Mr. Kohn said that he _had followed the instructions of the Building Inspect° n. d removed one sign. He said that every time the landscape man comes, out.. to, put the'.plantings under the new sign it rains; but this will be a..ccomplished as. soon as .'poss blew .Mr. Small brought out one important point in this matter. the other businessmen in Cupertino adhere.to the Sign Ordinance and all should be treat"ed alike. -l- IV MINUTES OF THE ARCH. & SITE CONTROL MEETING OF APRIL 13, 1967. Moved by Comm. Stern, seconded by Comm. Small, to adopt the Minutes of April 13, 1967, as recorded. AYES: Comm. Fitch, Kowitz, Small, Stern, Irwin NAYS: None Motion carried, 5-0 V APPLICATIONS A. Application: 270-HC-67, Richard J. Kehrig, 963 Orchid Way, San Jose, requesting Arch. & Site Approval to construct a service station (Standard Oil) to be located at the southeast corner of Homestead Road and Blaney Avenue. This application has been postponed, due to the fact the applicant was denied a Use Permit by the Planning Commission at their meeting on April 24th. B. Application: 265-HC-67, Hugh F. Jackson, 22608 San Juan Road, Cupertino, resubmitting for Arch. & Site Approval to construct a Speedee Mart Store, to be located on the east side of Bubb Road. Letters opposing the proposed commercial development from Mrs. James F. Vize and Mr. Robert Schisler were introduced by Chairman Irwin. In an effort to avoid repetition, Chairman Irwin summarized the previous proceedings on this application, which may be found in the Arch. & Site Control Minutes of March 9, 23, and April 13, as well as the City Council Minutes of April 17th. He then quoted the motion made by Counc. Stokes, seconded by Counc. Dempster, to return application 265-HC-67 to the Arch. & Site Control; that the applicant meet with the Committee to determine what architecture would be acceptable to the Com- mittee; with the specific instructions that zoning is not the issue here. This motion passed, 4-0, with Mayor Fitzgerald abstaining because a person in his office is involved in this matter. Chairman Irwin said the Committee has discussed this among themselves, with the Chief Building Inspector, the homeowners, Counc. Johnson, Mr. Hugh Jackson, Mr. Tom Henderson, Mr. Noor Billawalla, and Mr. Dennis Burroughs. The following suggestions were then made to the applicant: 1. The possibility of turning the building 90 degrees on the lot. 2. Changing the facade and reducing the glass area. 3. Perhaps using a "Town and Country" style architecture. 4. The use of more massive beams to give the appearance of more strength to the building. IPAE ` Chairman Irwin said they then met again in Mr; Hen:der.son's office, where both sides .agreed to try..'to." &omproili,s.eq�"butono promises were made. Nothing was decided beforehand; the decision,will be made on the basis of the discussions at this meeting. The discussion will be limited to the architecture and site planning. Mr�._ Tom:Henderson, 10601 South Saratoga -Sunnyvale Road, t Cupertino, Civil Engineer,.went over the site plan. He said they have talked about moving the building around, but this is not acceptable to Speedee Marto In so doing, it mould have to be..a 40.' x. 60 e building with parking on both sides- and. the driveway in the middle. He equated it to the Cupertino Post Office parking lot. This arrangement is.awkward and makes it very difficult to. get in and out. Speedee-Mart also would not go : for this arrangement from..the standpoint of traffic using Bubb Road not being able to readily see the store, Mr. Henderson also stated that Mr; Jackson hasin- dicated that when his Speedee Mart lease runs out,.the leasing value of the building Will be dependent upon the frontage on ;Bubb Road more so than on the depth of the property. Mr; Dennis Burroughs, Architect, 121 Whitney Avenue; Los Gatos; stated.that he has-been retained as a consultant by the 7-eleven people; _since the staff is: inI .San Diego. He was.. _.-, . asked to work on the aesthet c qual.ties.of the bu ldingo ..To do this, he had to Weigh the 7-eleven requirements and .mesh them., with the: De An.za style architecture,.- since this was the conclusion he reached after.reading the minutes of the -pre- vous meetings to see what the people in that area wanted... The building materials_ are the same as 'De-Anza:'s,. The compatibility of a building with its.neighbors does not :necessarily .mean it ;must be:,identical; quite often ,the charm in architectural design.is_the blending of different styles, He felt the applicant had integrated these motifs. into this building, the rendering of which was placed on the bulletin. board. Essentially, by using these methods,,and the selection of colors and -materials; the design was developed with the intention of facing the street, Frontage is one of the key elements of a business, Mr. Burroughs said 7-eleven is willing to decrease the glass area in.the front by raising the sill a maximum:of 24", He did not feel archways would be appropriate here because the building is not large enough for this treatment. He felt the canopy was more important. In checking With the San Diego staff, Mr. Burroughs found 7-eleven has:developed a new design to replace: the canopy sign.. It is a 70" x 72" illuminated trapazoidal wall -mounted, sign. Mr. Burroughs said there is the possibility of modifying the roof material; However, the ceramic file was introduced because it would be the same as De Anza and also because of. its incombustibility, -3- Mr. Burroughs said De Anza is using a striped effect on the board and batten, but he suggested using the same color here and let the shadows take care of the contrast. The roof is supported by laminated beams extending 6' over the sidewalk. Mr. Joel Johnson, 11260-Monterey Court, Cupertino, said he is President of Baywood Terrace Homeowners' Association, and represented some 200 homes in Cupertino. He said they realize you can't make a cathedral out of a Speedee Mart. On the other hand, it would appear that the fact that the building faces Bubb Road and would have the sign out in front detracts from the residential character of the neighborhood. And the fact that there is the possibility of a multiplicity of shops in this building at a later date should be taken into con- sideration. The most important thing right now is the way the building faces. Where the residents were thinking they would have a high-class residential area, there would be a commercial development. Attorney Jerry Smith, Room 600, Bank of America Building, First and Santa Clara, San Jose, representing the Dineen, Tibbit, Sabol and Anspach families, stated that with this 122' x 80' site that is zoned commercial now, ypu have got to consider it as a part of a larger island of pie -shaped commercial property in the midst of a residential, cultural, and educational development. It stands out. The junior college, the well -planned junior high school, the elementary high school, and the proposed high school are all factors to be considered. The residents are not opposed to this just for the sake of opposing, but they want to minimize the effect of the introduction of commercial into this area and he did not think this proposal would minimize this introduction. He reviewed Section I of Ordinance 306. He said this pro- posal offers 55% of the ground area covered with asphalt; 528' of glass thrust on the front of the building; and 36' of illuminated sign area. Mr. Smith felt it was not fair to hand a "De Anza sign" on • this proposal. The college is beautiful. The key to the buildings is the the roofs and the arcades. With this proposal, approximately 12% of the land is to be landscaped; on residential homes this percentage is reversed. The landscaping is all on the rear of the property; he felt it should be in the front where it can be seen. He felt the asphalt and glass made this proposal offensive and inap- propriate. Mr. Smith said the turned building would place any exposure of glass toward the remaining commercial property, which would be appropriate. The reduction of the glass area is good. The sign area reduction is good, but he felt it could even come down further than suggested by the applicant. The implementation of a wooden door, a dutch door and use of adobe brick would lend accent to the building. Turning the building would allow an opportunity to place landscaping in the front of the lot, where it belongs. -4- Mr, Smith said turning the building is not new to Speedee Mart, As an example, he cited the one on Bark Lane in San Jose, where the market faces Saratoga -Sunnyvale Road, and the glass is seen from the highway rather than the residences along Bark Lane. Mr,. Smith said that even though the commercial area has been. there for a while, you are struck immediately by the high - quality development that has gone on here. Turning the pro- posed building would be good9 lessening the amount of glass would be good; archways would be goods Mr. Walt,Sears, 8093 Hyannisport Drive, said there is ab- solutely nothing attractive or ae-sthetic about blacktop. He would like to s-ee the building turned 180 degrees and that portion of the property facing Bubb`Road landscaped with full-grown plants. He said the Master ,Plan calls for Prospect Road to come right up to the railroad. It would then serve not only the present residences but would service the entire area. He.sa d the development of the entire commercial area would then have.access to this 'property. By turning the building 180 degrees, Speedee Mart would then look like a residence, Mr, Tom Henderson said, in regard to the character of the area, the people in the area and the Committee have asked that it be compatible w th.De Anzao There are small buildings on the campus that have materials like this proposal and do not have the archways,. Speedee Mart will not accept this building turned 9.0 or 180 degrees; basically because the traffic will be coming down Bubb Road, The signs will be well within the: limitations of� the Sign Ordinance. This proposal has a,:greater ratio: of landscaping than normal commercial areas; Mr. Henderson pointed out the tar and gravel roof of Kennedy School and the mixture of architecture of the various schools in the area. Mr.o.Hugh Jackson, 22608 San Juan Road, Cupertino, stated that = he thinks he has done the best he possibly can to provide that which he believes to. be compatible with the area and the wishes of the residents in the area. He has a lease pending. There are certain requirements in any endeavor. .The pro- posed building will cost more than any other..in the area and he is the one who is going to have to pay for it, Mr -Fitch wanted to make the following points 10 We should not be constrained by a;Speedee Mart character, 2. This is a local store, not -a regional Speedee Mart. 3, The orientation of the building on the site is importento 4.The architecture is incompatible and objectionable. The site plan, as it now stands, causes a traffic problem. Turning the building 90 degrees would somewhat relieve this. 5m The only high -quality building material shown so far is the ceramic the roof. The board and batten siding is only stained plywood, -5- 6. The levels of the lighted sign would be objectionable. 7. This proposal is objecticnable for reasons of safety, aesthetics, landscaping and the effect this development would have on the balance of the commercial property. Mr. Henderson said that, being a civil engineer, and not con- sidering the remainder of the six -acre parcel which may or may not be developed, this is by far the safer site layout with the two driveways. Comm. Kowitz made the following comments: 1. What is best for Speedee Mart is not necessarily best for the area (width and amount of glass, etc.) 2. Speedee Mart refuses to go along with the turning of the building. This would be the best position for the build- ing, as far as the residents are concerned. He asked why they should compromise in favor of Speedee Mart on this. Comm. Small made the following; comments: 1. He asked if the applicant was aware that the 122' depth adjacent to residential property must, according to the Ordinance, have a masonry wall? Mr. Jackson said he is prepared to meet all the amity's Ordinances. 2. He asked what provision was made for garbage and trash disposal. Mr. Henderson said there is a fenced area on the south side provided for this purpose. 3. Mr. Small noted the proposed 36' sign is well within the provisions of the Sign Ordinance. 4. Most commercial enterprises are now allowed a free-standing pole sign. Mr. Small quoted Section VII of Ordinance 306. The Chief Building Inspector said that, under the new Sign Ordinance, any business would have to have 210 lineal feet frontage in order to qualify for a pole sign. The applicant said he was aware of this. 5. Mr. Small felt the possibility of some day converting this building into 6 to 10 stores has a big bearing on site control. • 6. What about signs on the glass area? The staff indicated that, under the Ordinance, the applicant would be allowed 25% of the window area to be signed. 7. Mr. Small asked about the air conditioning units. Mr. Burroughs said the appurtenances will be hidden within the roof parapet. This can be worked out with the site lines, even where there ane two-story homes involved. Mr. Stern's comments as to the turning of the building were that if this market is designed as a convenience to residents in the area they surely would know its location. Also, the possibility of these individual bays frighten him. "I Mr. Henderson said he has no control over the turning of the building. He, personally, felt it would be more of a traffic hazard than with the proposal, He felt this was the better traffic pattern. Speedee Mart wants the parking stalls right up close to the front door of the store. Mr. Henderson said they were asked to make this look like De Anza, which they did. It is recorded in the Minutes of previous meetings that mem- bers of the Committee and residents in the area have stated this is good architecture. He felt the applicant should be considered somewhat, too. He will lose his lease if he is required to turn the building, After the applicant switched to the De Anza=style architecture, all of a sudden the Com- mittee and the residents are talking about town and country style. Attorney Smith reviewed the items brought out at this meeting and noted that Speedee Mart says "No" to all of them, Chairman. Irwin again read the motion made by Counco. Stokes and seconded by Counc,. Dempster. He said the Committee has complied with the Co.uncil's requirements, He said they have tried to offer suggestions.and Speedee Mart has: rejected them. He said there are two basic areas. of concern: -Mr. Jackson's right to develop his property under the existing zoning; but we are also talking about large quantities of,objections from people in the-area..Both sides.have worked hard to try to compromise...Comments Were made that this is a nice building, but nobody said, it is a nice building for that spot, If the citizens are being asked to.support this business`.enterprise, something should be. put.in.there that they can live with, Chairman Irwin said the applicant's suggestions, as long as they are constructive,. should.be considered.; so should the citizens.. Not one of the requests made by the Committee, as required by the. City Council, has been met The glass area has been slightly reduced, but Speedee Mart won't turn the building.. All other suggestions by the Committee have been turned down flat or argued. away. Thin Committee has turned down., in the past, commercial buildings that are signs in themselves. Mr. Jackson read the following statements from previous Minutes,: Mr.. Laws said it is a well -designed building, in good taste; it could be a credit to the neighborhood, Mr. Fitch has said the rendering presented the second time is compatible with the college. Commo,Kowitz has stated the building should be more in keeping with the De,Anza.architectureo Mr, Jackson said he has done everything in his power to develop the way the Committee and the people want. -7 - Mr. Fitch said, in view of a suggestion which has been made as to site reorientation, which is a constructive criticism, is to turn the building 90 degrees; have heavy landscaping between the street and the building; and with adequate park- ing, and this landscaping could carry on to whatever'is adjacent to the parking area. The masonry wall on the other side would be sufficient to hide the trash containers, etc. Comm. Kowitz commended Mr. Jackson on his tremendous improve- ment from the original presentation. What the applicant is willing to do and what 7-eleven is willing to do is the problem. Comm. Small commented, with due respect to the concrete wall, air conditioner units, curbs, gutters, sidewalks, signs, etc., which the applicant has met squarely on the nose, the ground rules set up by the City Council must be considered. He said this is the best looking Speedee Mart in Santa Clara County now. And as an owner of a small business in the City of Cupertino, he realizes the importance of frontage and ex- posure to a well -travelled street. Under the rules set down by the City Council, the objections he presented were for the protection of the residents. He wondered exactly what basis there would be for denying this application at this time. The Committee has no control over the Ordinances. Nobody on this Committee is an Architect. This is much better than any Speedee Mart in the County. Mr. Small has not "bought" the argument of turning the building. The applicant has commercial property fronting on Bubb Road. He posed the question of whether this Committee has the power to fight this issue. Comm. Stern felt this Committee does have the power of turning the building because this is part of the siting. Comm. Fitch recommended again that the Committee should not " be constrained by a Speedee Mart character and that this is a local not a regional representation of Speedee Mart. With the present site plan, he felt the owner was inviting a traffic problem, whereby children crossing the parking lot • could be hit by cars backing Dut of the stalls. The lighting and illumination, although within the Ordinance, would be objectionable. Comm. Fitch made the proposal of turning the building 90 degrees to Bubb Road to give full chance to this applicant's right to introduce business into this area, but also to keep full awareness of the area itself. There will be future develop- ment here. It would better serve the area and future developments coming into the area if this is kept in mind. Comm. Small said that if he was the owner of commercial pro- perty fronting on a busy street and was asked to turn the building so as not to take advantage of this frontage, he would fight it in any way he could. M a Comm. Kowitz said the question is :whether the building can or cannot be turned.. Mr. Jackson asked the Chief Building In- spector if it is legal to place this building as proposed under the current Ordinance. The Chief Building Inspector said that it is, Mr. Jackson noted that the name Speedee Mart has been used extensively. He pointed out that this is his building, his property, and his money. Chairman Irwin stated that if it is Mr. Jackson's money and building, he does not have to ask Speedee Mart if he can turn the building, Attorney Smith stated that the issue is not Whether it is legal to turn or not to turn the building; the issue is whether it is inappropriate and objectionable.' Moved by Mr. Fitch, seconded by Dr. Kowitz, that, in the best interest of the neighborhood and from an architectural stand- point, if the building cannot be reoriented 90 degrees to accommodate what seems to be the greatest objection, that denial of this application 265-HC-67 is recommended to.the City Council on the basis that the lighting; per se, and light- ing of the signs would be objectionable to the area and the orientation of the building as it now stands, and the glass exposure should be of,a lesser magnitude; and since this.is to be a store for a local area it should be in keeping with the area. AYES: Comm. Fitch, Kowitz, Small, Stern, Irwin. NAYS. None Motion carried, 5-0 Chairman Irwin advised the applicant of his right of appeal. C.. Application 271-HC-67; Rodney C.'Wiedinmyer, 10061 S. Blaney Avenue, Cupertino, requesting Arch. & .Site Approval to construct a 4' x 12' sign at Rod's Barber Shop. Mr, Rodney Ca Wiedenmyer, 105 Calliestoria, Los Gatos, said his application is for a small sign to be placed under the existing pole sign, on'the same pole, at the Stop and Go Market,. immediately behind the Burger Pita He said he understands this pole sign would be non -conforming two years after the new Sign Ordinance goes into eff ect,.,The applicant felt that within two years, the sign would be superfluous because his business would be established by then. Chairman Irwin asked whether the Urgency Ordinance would prohibit this. The staff stated there was no problem as long as the applicant is cognizant of the fact that his sign must be removed within the required two years. Comm_, Stern commented that, if this is at all feasible, he could understand the applicant's need for advertising and identification at this location. Comm. Kowitz noted that the pole is already there, another sign on it would not make that much difference. Comm. Fitch found no objection to this application. Moved by Comm. Stern, seconded by Comm. Kowitz, to recommend to the City Council approval of application 271-HC-67 with the understanding that the applicant knows the sign must come down within two years of passage of the new Sign Ordinance; per the sketch submitted; and there must be at least 10' clearance between the sidewalk and the bottom of. the sign. AYES: Comm. Fitch, Kowitz, Small, Stern, Irwin NAYS: None Motion carried, 5-0 VI UNFINISHED BUSINESS -- There 4as none. VII NEW BUSINESS A. Comm. Small noted that a long time ago this Committee approved a car wash for Mr. Chadwick, which was never built. He asked if the Permit has expired and whether the applicant had been notified. B. Comm. Small asked about the status of the seven duplexes proposed for the property on Vista Drive, across the street from the School Administration Office. The staff was asked to check the files and report on the above two items at the next meeting. C. The remains of a car that hit a light pole has been at the Mobil Station at Highway 9 and Homestead for some time now. The staff was asked to check on this. VIII ADJOURNMENT Moved by Comm. Stern, seconded by Comm. Kowitz, to adjourn is the meeting at 10:20 P.M. APPROVED: Keith Irwin Chairman ATTEST: P Chief B ildin toA. -10-