March 11, 1970CITY OF CUPERTINO,
10300 Torre Avenue,
Phone: 252-4505
State of California
Cupertino, California 95014
MINUTES OF THE REGULAR MEETING OF THE ARCHITECTURAL AND SITE
APPROVAL COMMITTEE HELD MARCH 11, 1970 IN THE COUNCIL CHAMBERS OF
THE CITY HALL, CUPERTINO, CALIFORNIA
The meeting was called to order at 8:04 P.M. by Chairman Small who'led
the assemblage in the flag salute. Due to his having laryngitis Mr.
Small at this point turned the meeting over to Vice Chairman Adams.
Roll Call
Committee Members present: Marquez (8:09 P.M.), McLaren., Small, Vice
Chairman Adams. Also present: Chief Building Inspector Benevich, Re-
cording Secretary Betty Dorris.
Communications
Under written communications Chief Building Inspector Benevich read a
communication stating that Mr. Khan of Fotomat Corporation had told the
Planning Department he would like to withdraw his Application 456-HC-70.
Also, Mr. Jerry Fisher of San Jose Savings.and Loan,Association had
called the Building Department on Tuesday, March 10 and requested that
their Application 458-HC-70 be taken off the agenda and that he will
notify the :City when he is ready for review.
Member Small moved, Member McLaren seconded and it was passed by a vote
of 3 - 0 that Application 456-HC-70 be withdrawn and that Application
458-HC-70 be continued.
Ayes: Members McLaren, Small, Vice Chairman Adams
Noes: None
is Absent: Members Marquez, Ryner
There were no verbal,communications.
Minutes of .Previous Meeting
It was moved by Member Small, Seconded by Member McLaren and passed
that the minutes of February 25, 1970 be approved as submitted.
Ayes: Members McLaren, Small, Vice Chairman Adams
Noes: None.
Absent: Marquez, Ryner
Applications
A. Application 452-HC-70, Mr. & Mrs. George Piepgras,
1775 Park Avenue, San Jose, requesting approval
to convert existing building located at 20085
Stevens Creek Boulevard for commercial use (Antique
40 Shop).
Presentation was made by Mr. Michael Melvin of 2196 Manzanita Avenue,
Menlo Park.
HC-4
roll call
456-HC-70
withdrawn
458-HC-70
continued
minutes
approved
452-HC-70
legend
page 2
comments
Building
Inspector
40
by
discussion
Minutes of H Control Committee March 11, 1970
Member McLaren inquired of the Chief Building Inspector if the Committee
had a checklist on this and was informed that there is one., Mrs. McLaren
said that it is her understanding that Mr. Melvin is leasing the property
and that the owners had appeared before the Planning Commission for a'
Use Permit.for a two-year period. She said that at this meeting Mrs.
Piepgras had stated that she preferred not to abide by the 12 Standard
Conditions of the Planning Commission and she made the statement that
she would rather just forget -it. Mrs. McLaren wondered if the owners went
back before the.Planning Commission and agreed to conform to these con-
ditions.
Chief Building Inspector Benevich said that any time a Use Permit.is issu-
ed the Architectural and Site Approval Committee automatically reviews it.
He said that there are conditions set forth by the Planning Commission
for the Architectural and Site Approval Committee to review and any
other conditions that this Committee sees fit are then attached to the
application.
Vice Chairman Adams inquired if it was necessary to read the Planning Com-
mission resolution and Mr. Benevich informed him that it should not be
required so long as the Committee is familar with the conditions.set forth
by the Planning Commission.
Member Small inquired if the sign is included in this application and was
told by the Chief Building Inspector that the sign as it is now is in
violation of .the Sign Ordinance and a.removal notice has been given. He.
said the applicant is aware of the circumstances as he had talked with
him but that naturally he is somewhat confused due to the fact that he
had rented a building from Mr. and Mrs. Piepgras that, with his type of
business, would fit the zoning but found out later that it did not and
then it.had to go before the Planning Commission and this gentleman is
possibly a victim of circumstances.
Vice Chairman Adams at this point asked the Committee Members if they
had any recommendations to offer in addition to those listed from .the
Planning Commission Resolution.
When Member Small said that he would like to have something from the.ap-
plicant on this sign Mr. Melvin submitteda small sketch of the sign and
stated this was not a formal application which would have to go through
the usual routine. The applicant informed the Committee that he did not -
want to take the sign down because of the expense involved and if he has
to do this he would have to drop the whole business. Vice Chairman Adams
asked the applicant if he was aware of the Sign Ordinance in Cupertino
and he stated that he was not. Mr. Adams then said that Cupertino does
have a sign ordinance and that he is in violation of the ordinance and is
being requested to comply.
The applicant then inquired as to how he was in violation. The Chief
Building Inspector -told him that, first of all, placing a structure de-
stined to hold advertising,because of size,would have to have some plans
structurally so that it could be ascertained or assured that it will
stand. At present the Building Department had had no opportunity to re-
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Minutes of the H Control Committee March 11, 1970 HC-4
page 3
view this construction. It would have to have some guarantee; if the
Committee allows this type of structure the applicant would have to
prove to the Building Department that it is constructed in such a
manner as to be safe. The reason for placing a removal order upon
the structure was.that no permit was taken out prior to the installa-
tion..
Member.McLaren.inquired as to the height of the sign and was told by
the applicant that is is approximately 17 - 18'.. She stated that it
was.her feeling that the way this sign was installed is very unattrac-
tive and agreed with the Chief Building Inspector that safety is a
factor. She said we do have an ordinance'that stipulates .how many
signs and what square footage is allowed in the City. She also in-
quired what the two large chains on the sign would be used for and
the applicant replied these were guidelines and would come .off and
the short"chains hanging on the big chain are used to hold the signs
®� and the three long chains hanging from the first loop were to secure
it. He said there was 100 pounds of cement with hooks in it on the
ground and there is a yard of cement in the bottom of the sign.
Mrs. McLaren mentioned the fact that there are no shrubs in front and
that there would have to be some control of the weeds and asked what
would-be done with.the trash and combustible materials in the rear.
She said the Planning Commission checklist would require three
off -site parking spaces excluding the garage and the applicant would be
® -prohibited" from putting in the concrete block fence in the rear.
Member McLaren also inquired about the swing and the huge iron pot
as it washer understanding there would be no articles displayed out-
side whatsoever. The applicant replied this was a temporary condition
as he had not as yet opened for business.
When Member Marquez inquired if the Committee was acting on the sign
the Chief Building Inspector said that there is a removal notice that
this particular structure be removed immediately and believed.th.e ap-
plicant-was.here to try and save it. He said if this body does not
want to act upon it then the applicant will have to remove the sign.
He thought the applicant was looking for some answer from this Com-
mittee.
Vice Chairman Adams stated that this Committee supports the Chief
Building Inspector in his action through the removal notice recom-
mending that the sign be removed immediately. Since the sign was not.
presented to this body previously there is no action except to support
the action of -the Chief Building Inspector. The application before.
the Committee, he said, is -to approve the conversion of -the existing
building for commercial use. One of the stipulations that could be
added to this approval of the conditions recommended by the Planning
Commission is removal of this particular structure that was not pre-
sented before the C ommittee .
® Member Marquez stated that he did not see how the Committee could
take any action based on the information in the sketch submitted and.
would like to give the applicant more time to come up with something
the Committee could work on.
remarks from
the chair
page 4
0
comments
Vice
Chairman
®)
It
by
452-HC-70
approved
with
Oditions
Minutes of the H Control Committee March 11, 1970
Chief Building Inspector asked the Chair to advise the applicant that
the City would have to have, prior to any approval, a design and some
assurance that it will stand, possibly somebody to review.this con-
struction who is qualified in this type of work to see if it is going
to stand. He said this structure is taller than the building and that
he would.have .to calculate the square footage to come up with the
footage allowable under the sign ordinance. He thought the sign would
have.to be smaller.
Vice Chairman. Adams said that the Committee had expressed its concern
and support to the action of the Chief Building Inspector; it has offer-
ed a suggestion that maybe something can be.done to try to work with
the applicant,.but he, as a professional engineer, would not accept
it after seeing the preliminary sketch as to what the sign might be.'
He said this structure weighs 450 pounds and we are not sure of the
depth of the footing, there is no design analysis to insure that this
sign will not fall down in a heavy wind or on a child,and he felt that
he could not support the idea that maybe we can wait a little bit longer
to see if the application for this sign before this body would be approv-
ed. He said the applicant is under severe liability if this sign falls;
the City would be remiss in even consenting to allow him,to keep-1=t:
up. He suggested that if the applicant were to assess the time to take
the sign down and present an application which included an adequate de-
sign, the Chief Building Inspector toconduct the inspection of the sign
and set it within the ordinances and it was a safe structure within the
time it would take to remove the sign, that he would consider such an
action which would require an additional effort on this body to meet
and pass on the judgment of this sign. He said those are the only al-
ternatives he could see.
The Chief Building Inspector stated that all ground signs which are be-
ing supported by a footing will have to have some design submitted by
someone who is qualified to perform calculations so that it can be check-
ed according to wind loads applied in the Uniform Building Code. Due to
the fact that this sign sticks up in the air 20' and weighs 450 pounds
he advised the committee that the Building Department would requite a
designed structure. footing and all. Mr. Benevich suggesed that the.ap-
plicant, being a welder, could cut the sign down and get someone to de-
sign the sign. Then the hazard would be over and he could make the pro-
per application and we could go over the square footage allowed on the
site, come up with a dimension and then present it to this Committee.
The applicant said that this was creating a hardship on.him and that he,
was sorry he had picked the City of Cupertino for his place of business.
He was reminded by. the Vice Chairman that the Committee is restricted by
the codes and ordinances of the City and that they are trying to make,
the town aesthetically appealing.
Member Small moved that Application 452-HC-70 be approved subject to the
Planning Commission checklist for use as an antique shop; that the ac-
tions of the Chief Building Inspector be supported for removal of the
sign until such time as a proper application for a sign can be submitted.
The motion was seconded by Member Marquez..
Ayes: Members Marquez,,Small, Vice Chairman,Adams
Noes: Member McLaren
Absent: Member Ryner
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Minutes of the H Control Committee March 11, 1970
The applicant, Mr. Melvin, walked out of the meeting as the Committee
Members were voting on his application. (8:35 P.M.)
The Chief Building Inspector reported that the applicant had previous-
ly agreed to changing the roofing to composition and to providing the
three parking spaces which were the conditions passed by the Planning
Commission.
C. Application 457-HC-70, Monsanto Company 800 N.
Lindbergh Boulevard, St. Louis, Missouri, re-
questing approval of the landscaping of the
parking lot addition for Monsanto Company,
Lot 8, West Valley Industrial Park.
This application was presented by Mr. George MacCloud of Los Altos.
He displayed landscaping and irrigation plans and a photo of the
IV artist's conception of this plant together with a site plan showing
the building in relation to the parking and the general location.
In answer.to the question of Member:Marquez,Mr. MacCloud informed the
Committee that the rear of the parking lot will not be landscaped. He
said the parking area was lighted by two 400 luminaire 'lights 35' in
height.
When asked Chief Building Inspector Benevich stated that the City has
no standards as to heights of on -site lighting so long as it does not
t) interfere with residences in the area.
Member Small moved to approve Application 457-HC-70 subject to the 12
Standard Conditions which was.seconded by Member McLaren.
Member Marquez inquired of the applicant if there were sprinklers as
required by the 12 Standard Conditions which was answered in the affirma-
tive.
Member Small requested that the motion move and a vote was taken.
Ayes: Members Marquez, McLaren, Small, Vice Chairman Adams
Noes: None
Absent: Ryner
The applicant was advised that his application would be before the City
Council at its meeting of March 16, 1970.
Unfinished Business
Further discussion of Application 452-HC-70 ensued in which some of the
history of the property was.told and it was generally agreed that the
applicant was misinformed by the people who were leasing the building
and that this particular building has been an eyesore in the City for
years.
40 New Business
There was no further business and Member Small made a motion for adjourn-
ment which was seconded by Member Marquez .and passed unanimously. The
meeting was then adjourned by Vice Chairman Adams at 9:08 P.M.
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applicant
walks out
457-HC-70
legend
457-HC-70
approved
a
page 6
19
� 11
Minutes of'the H Control Committee March 11, 1970
ATTEST:
Ex - Officio
n
APPROVED:
/s/ E. James Small
Chairman
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