Reso 4393 14-U-91
C I T Y O F C U P E R T I N O
10300 Zbrre Avexrue
Cupextino, California 95014
RFSOL�TrION No. 4393
OF Tf� PLANNING OC�M�SSION OF 'IHE CITY OF GUPII2TIlJ0
R�C�iDING APPR(�TAL OF A USE PF�T TO OPFI2ATE A FINANC
SERVIG�.S OFFICE WI'IHIl�i AN �STING 2, 864 S. F. BUIIDING
SDCTION I• FIlVDINGS
W�S, the Plannirig Ccernnission of the City of Ctapertino reoeived an
application for a Use Pexmit, as described on Page 2 of this Resolution; and
W�EAS, the applicant has met the burden of proof required to support said
I application. ; ar�d
Wf�2E'AS, the Planning Ca�rnnission finds that the application meets the
( following requirements:
a) That the use ar u_ses are in conformanoe with the General Plan of the City
of Cupertino, and the S'pecific Plan for Monta Vista, and are not detrimental to
existing use.s or to u_ses specifically permitted in the zone in which the
proposed use is to be located.
b) That the praperty irivolved is adequate in size ar�d shape to aa�anunodate the
proposed use, subject to satisfactory completion of those steps necess�Zry to
� secure off street parking and apprapriate ingress/egress easement and
maintenanoe agreement.
c) That the proposed use is otherwise not detrime.ntal to the health, morals
and gene.ral welfare of persons residing or working in the neighborhood of such
proposed uses, nor injurio�as to property and improvements in the neighUorhood.
NOW, TH�E�ORE, BE IT RFSOLUID:
I
That after careful consideration of maps, facts, e�ibits, testimoriy and other
� evide.rx�e sul�mitted in this matter, the application for Use Permit is hereby
recwimnerxled for approval, subject to the conditions which are ernmierated in
this Resolution beginning on Page 2 thereof; and
( That the subconclusions upon which the firydings ar�d conditions specified in
this Resolution are based and contained in the Public Hearing record ooncerning
Application 14-U-91 as set forth in the Minutes of the Planning Cwtnnission
, Meetirig of February 10, 1992, and are inoorporated by refere.rx:e as thaugh fully
set forth herein.
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Resolution No. 4393 (14-U-91) 02/10/92
Page -2-
SDGTION II: PfIAT�CI' DFSQ2IPTION
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Application No(s) 14-U-91
Applicant: Nelson Chao
Property Owner: Nelson Chao
Loaation: North side of Peninsula Ave. northerly of and
ad�acent to Stevens Creek Blvd.
S�CI'ION III: OONDITIONS A�TISI�2ID BY THE PUBLIC W�ORKS DEPAKI.�r
� 1. FIRE HYDRAIVT
Fire hydrants shall be located as required by the City.
2. TRANSFOF� SCREQTING
� Electrical and telephone transform�ess shall be screened with fencing and
landscaping, or undergrounded, such that they are not visible froam public
street areas.
3. PLAN
The developer shall supply a oo�rprehensive impravement plan to the City
F�igineer which would exiooanpass parking and aisl�way layout dimensions,
traffic control signs, street tree.s, drainage, apprc�priate lightirig and
� installation of laridscaping.
4. UNDII�GROUND iTl'II�ITIES
'I'he applicant shall be responsible for cca��plying with the requirements of
the Underground Utility Ordinanoe No. 331 and other related ordinanoes and
re�gulations of the City of Cupertino, and shall make the neoessary
arrangements with the utility cxa�anies involved for the installation of
said facilities. The applicant shall sulanit a detailed plan shawing
utility underground provisions. (This plan must have prior approval of the
� utility oompanies an�d the City Engineer.)
CITY II�TGIN�2' S CF�I'IFTCATE OF
AOCEPTArTC� OF IIJGINEE�2.Il�TG/S�UR�TE'YING QONDITIONS
(Sec�tion 66474.10 CA. Gov't. Code)
I hexeby c�stify that the engineering and surve irig conditions specified in
Sec.�tion III of this Resolution co rm to g ally acoepted exigineering
practices.
Vi ich
' ector f Public Works
Resolution No. 4393 (14-U-91) 02/10/92
Page -3-
SF7CI'ION IV: OONDITIONS AI�iISI�EtID BY THE OCNIlKUNITY DEVEIAPN�1'r DEP'I'.
5. APPI�VID EXfIIBI'I'S
The rec�rnmer�dation of approval is based on the Sheets A(dated 12/6/91), 2
(6/13/91), 3(dated 4/30/91), respec.�tively, of Application 14-U-91, except
as may be a�mer�ded by the C7or�ditions oorrtained in this Resolution.
6. NIODIFICATION OF APPROVID DEVELOPN�F1' PI,AN
I In the event that the applicant or subsequent property vwner' shall desire
` to make �ny minor changes, alterations or amer�lt of the approved
develapanent plan, a written request or revised developme.nt plan shall be
suhnitted to the Director of Co�uramity Developnent. If the Director makes
a fir�dirig that the changes are minor and do nat result in a material
affect upon the appearanoe or func.-tion of the project, said changes may be
certified on the revised plan. If appraval of said changes is withheld,
� the applicant may appe.al to the Planning Ccxrnnission.
If the Director fir�ds that the requested changes are material, such
chaiZges shall be referred to the Planning Coa�anission for approval. If the
chaiiges are denied by the Planning Co�rnnission, the applicant may appeal to
the City Council as provided in City Ordinat�e No. 652.
If said changes are approved by the Planning Catunission, an appe.al may be
made to the City Couricil by any interested party• Further, anY Membez' of
� the City Cauncil may request a hearing before the City Council regarding
said appro�ved changes. Said request shall be made within ten (10) days
fro�n the date of approval of said changes by the Plannirig Co�amission.
7. P�OPF�I'Y USE QO1�TSrRAINTS
The subject use permit authorizes c�ration of a financial services office
use within an 2,190 sq. ft. area of the building. 675 sq.ft. of the rear
portion of the building shall be removed prior to oavpying the build�ng.
No more than two offioe spac�es are permitted in an 852 sq. ft. area.
Storage is permitted in the remaining 1,338 sq. ft. area. Electricity to
storage areas shall be for lights only, no wall outlets are pexmitted.
Storage areas shall nat have carpeting. All existing interior walls and
partitions other than for office.s shall be re�m�ved. The storage area may
� not be partitioned into separate rooanLS.
Business operations involving frequent delivery truck trips to and from
the site are prohibited.
The interior stairs leading to the loft shall be removed. The loft area
shall not be u��ed for storage.
'Ihe maxim�nn nwnber of on-site e.n�layees is two.
Int.ensifying the office use may be oonsidered if reciprocal ingress/egress
easement is granted by the owryers of the Monta Vista Inn to the rear
portion of the lat and additional parking spaoes are pravided.
Re.solution No. 4393 (14 U 91) 02/10/92
Page -4-
8. NlASC)I�2Y S�IZ
i
A masonry wall shall be pravided on the project's �utual baundary with
residentially zoned ar u��ed praperty. Said wall shall be at least six
feet in heic�it as measured frcea highest adjoinir�g grade.
9. /LANDSCAPE REVIE�l
The final archit�ectural and lar�dscape plans shall be subject to informal
ASAC review prior to t of use ��;t activity. The Ccnnnittee
shall evaluate the paint �lor ar�d the possible addition of fenestration
► detailing on the sauth elevation to reinforoe the building's context with
the Nlonta Vista Design C'uidelines.
'Ihe final landscape plan shall iricorporate planting at the front of the
buildirig, plants with a vertical graath habit along the east building
wall, adequate larrdscaping along the rear praperty line to screen the use
fro�n adjoining residential properties, arid pravision of lar�dsc.aping within
the corner planting strip betw�ee.n the Peninsul.a Boulevard abar�domnent
area. Said landscape improvennents shall owYiply with the Xeriscape
Guidelines. The property cxaner shall be responsible to obtain all
necessary encroachment permits frcan agencies with jurisdiction.
10. PARI�TG
Parking shall be provided at a ratio of 1 space/285 sq. ft. gross office
� floor area and 2,000 sq. ft. storage area.
A parkirig and c�rculation agreement among property vwners of APN's
326-25-14, 37, 41, 43 ar�d 60 shall be agreed upon and recorded prior to
t of business activity. The agreemeizt shall consist of the
followirig:
1) The applicant will pravide a cxeng�rehensive in��ove�ment plan.
2) The applicant will pay for improvements in the ric�t-of�aay.
3) The a�licant and adjaoent praperty owners will enter into an
� agree�ment whexeby ingress ar�d egress easements are granted.
4) Al1 property vwners will agree to equally divide future
laryd_scapi.ng surface maintenance vosts.
I Sixty days following City Cauncil appraval of this use permit, the
property vwners shall sign ar�d record an agreeme.nt. If agreement is not
reached, a hearing to c�onsider revocation of Use Permits 23 U 79 and
21-U-73 shall be scheduled at the next available Planning Co�rnnission
Nleetirig.
11. FIRE/BUILaING OODE S�AFEI'Y
Prior to t of business activity under the subject use permit,
the property c�mer shall present to the Ccennrnxnity Development Director
written evidence frcen the City of Cupertino Buildir�g Official and the
Central Fire Protec.-tion District, that all building life safety/health
violations and deficiencies have been oorrec.-ted.
All doors and windows on the east elevation and the westerly door on the
north elevation shall be remaved.
Resolution No. 4393 (14-U-91) 02/10/92
Page -5-
� PASSID AND P,DOPTID this lOth day of Feb�vary 1992 , at a R�egular Nleeting of the
Planning Cce�unission of the City of Cupertino, State of California, by the
following roll call vote:
' AYES: �SSIONERS: Austin, Mahoney, Mackenzie, Chair Fazekas
NOES: �SSIONII2S: None
ABSTAIl�T: OCI�M�IISSIONII2S: None
ABSENT: ��IISSIONII2S: Mann
ATI�I': APP'RUVID:
` '��;� U
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I Robert C7c�wan Daryl Fazek,as, Criai rn�an
Director of Ca�turninity Develapa�nt Cupertino Planning Co�rnnission
( e��os 14u91
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