Reso 4400 14-U-91
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RF.SOLIFI'ION No. 4400
� OF THE PLANNING CONIl`�SSION OF THE CITY OF CUPII2TIN0
RF70�TDING APPROVAL OF A USE PEF�IIT TO OPE�ZZATE A FINANC ,
SII�VICES OFFICE WI'I�i AN EXISTING 2, 864 S. F. BUILDING
SFJCI'ION I • FINDINGS
WfiII2F,�S, the Planning Commi.ssion of the City of Cupextino received an
application for a Use Pexmit, as described on Page 2 of this Resolution; and
Wf�RRE'AS, the applicant has met the burden of proof required to support said
application.; and
WI�REAS, the Planning C�ission firid.s that the application meets the
follc�wirig requireme.nts :
a) That the use or uses are in conformance with the General Plan of the City
� of Cupertino, and the Specific Plan for Monta Vista, and are not detrimental to
�isting uses or to uses specifically permitted in the zone in which the
proposed use is to be located.
b) That the property involved is adequate in size and shape to acco�unodate the
proposed use, subject to satisfactory com�letion of those steps necessary to
sec,'ure off street parking and appropriate ingress/egress easemexlt and
maintenance agreement.
c) That the proposed use is otherwise not detr�mental to the health, morals
and general welfare of persons residing or workirig in the neighborhood of such
proposed uses, nor injurious to propexty and improveme.nts in the neighborhood.
NOW, Z�EFORE, BE IT R�SOLUID:
'I7iat after careful consideration of maps, facts, exhibits, testimony and other
evidence suka�titted in this matter, the application for Use Permit is hereby
reconnnended for approval, subject to the conditions which are ernunerated in
this Resolution b�ginning on Page 2 thexeof; and
That the subconclusions upon which the findings and conditions specified in
this Resolution are based and contained in the Public Hearing record concexning
Application 14 U-91 as set forth in the Minutes of the Planning Commission
Meeting of MarGh 9, 1992, arid are incorporated by reference as though fully set
forth herein.
Resolution No. 4400 (14-U-91) 03/09/92
Page -2-
� S�CI'ION II: PRO�T�CI' DFSCRIPZ'ION
Application No(s) 14-U-91
Applicant: Nelson Chao
` Property Owner: Nelson Chao
I,ocation: North side of Peni.nsula Ave. northerly of and
adjacent to Stevens Creek Blvd.
SDCI'ION III: QONDITIONS ADNIII�TISPERID BY 'I�IE PUBLIC WORKS DEPAR'IMII�]T
1. FIRE HYDRANT
( Fire hydrants shall be located as required by the City.
2. TRANSFORN�l2 SCR�TING
Electrical and telephone transformexs shall be screened with fenc�ng and
landscaping, or undex�grounded, such that they are not visible from public
street areas.
'
3. Il�'ROVII�IT PLAN
The developer shall supply a comprehe,nsive improvement plan to the City
�ineer which would enco�ass parking and aisleway layout dimensions,
traffic control signs, street trees, drainage, appropriate lighting and
in� tallation of landsc.aping.
4. UNDII2GROUND LTrILITIF.S
The applicant shall be responsible for com�lying with the requirements of
� the Underground Utility Ordinance No. 331 and other related ordinances and
, regulations of the City of Cupertino, and shall make the necessary
arrangements with the utility companies involved for the installation of
said facilities. The applicant shall su�anit a detailed plan showing
utility underground provisions. (This plan must have prior approval of the
utility com�anies and the City E�gineer.)
CITY E�iGINEII�' S CII�I'IFICATE OF
ACCF�rANCE OF INGIlIEII2ING/ S�URV�,'YING CONDITIONS
(Sec.�tion 66474.10 CA. Gov't. Code)
I hereby certify that the engineering and surveying conditions specified in
Section III of this Resolution conform to generally accepted engineering
� practices.
1
� Travice Whitten
� Deputy Director of Public Works
Resolution No. 4400 (14-U-91) 03/09/92
Page -3-
� SF7CTION IV: cONDITIONS ADNIIIVISI'ERID BY THE QONIM[JI�TITY DEVEGOPMIIVrI' DEP'I'.
5. APPROVID EXEIIBITS
i The reccamnendation of approval is based on the Sheets A(dated 12/6/91), 2
(6/13/91), 3(dated 4/30/91), respectively, of Application 14-U-91, except
as may be amended by the Conditions contained in this Resolution.
6. MODIFICATION OF APPROVID DEVECDPN�I' PLAN
In the event that the applicant or subsequent property owner shall desire
to make any minor changes, alterations or amenchnent of the approved
develop4nent plan, a written request or revised development plan shall be
su�iiitted to the Director of Conununity Development. If the Director makes
a finding that the c�zges are minor and do not result in a material
affect upon the appearance or function of the project, said changes may be
certified on the revised plan. If approval of said changes is withheld,
the applicant may appeal to the Planning Commission.
If the Director finds that the requested c�hanges are material, such
� changes shall be referred to the Planning Canunission for approval. If the
changes are denied by the Planning Ccarnnission, the applicant may appeal to
the City Council as provided in City Ordinance No. 652.
If said charlges are approved by the Planning Connnission, an appeal may be
made to the City Council by any interested party. Ftarther, any Me.mber of
the City Council may request a hearing before the City Council regarding
said approved changes. Said request shall be made within ten (10) days
from the date of approval of said changes by the Planning Con�nission.
7. PROPER`I'Y USE UONSTRAIlV'I'S
The subject use permit authorizes operation of a financial services office
use subject to the follawing:
a) The owner/occupant may use the 2,864 sq. ft. area of the building.
b) Only office spaces labeled 1 and 2 as depicted on sheet 3 dated April
30, 1991 of 14-U-91 are permitted to be used as offices.
c) Storage is ��;tted in the remaining 2,368 sq. ft. area.
d) Electricity to storage areas shall be for lights only, no wall outlets
are ��itted.
e) Storage areas shall not have carpetirig.
f) The rear 2,386 sq. ft. storage area may be partitioned with wire mesh
or other similar materials and supported with non-combustible
materials. Alternately, storage cells with a maxim�n width of 6 ft. may
be lined with sheetrock.
g) Business operations involving frequent delivery truck trips to and from
the site are prohibited.
Resolution No. 4400 (14-U-91) 03/09/92
Page -4-
� h) Zhe intexior stairs leading to the loft shall be removed. The loft
area shall not be u��ed for storage.
►
i) Al1 windc7ws shall be removed frrnn the north building elevation.
` j) The rear addition may be retained until reciprocal ingress/egress
easement is granted by the awners of the Monta Vista Inn to the rear
portion of the lot so that additional parking spaces can be provided.
k) The maxirrnnn rnunber of on-site employees is two.
� 8. N�SC�iRY WALL
I
A masonry wall shall be provided on the project's mutual boundary with
( residentially zoned or used property. Said wall shall be at least six
feet in heic�t as measured from highest adjoining grade.
i 9. /I,ANDSCAPE REVIEW
The final architectural and 1 r�sCape plans shall be subject to informal
ASAC review prior to conunencement of use permit activity. The Co�nnittee
� shall evaluate the paint color and the possible addition of fenestration
detailing on the south elevation to reinforce the building's context with
the Monta Vista Design Guidelines.
'The final landscape plan shall incorporate planting at the front of the
building, plants with a vertical growth habit along the east building
wall, adequate laridsc�aping along the rear property line to screen the use
frcan adjo inirx� residential properties, and provision of land.scaping within
� the corner planting strip between the Peninsula Boulevard abandonm�nt
area. Said landscape improveme.nts shall comply with the Xeriscape
I C�.iidelines. The property cx�mer shall be responsible to obtain all
necessary encroachment permits from agencies with jurisdiction.
I
10. PARIQNG
Parking shall be provided at a ratio of 1 space/285 sq. ft. gross office
floor area, 1 space/2,000 sq. ft. storage area, and 1 customer space.
A parking and circulation agreement among property owners of APN's
' 326-25-14, 37, 41, 43 and 60 shall be agreed upon and recorded prior to
conmienc.ement of business activity. The agreeme.nt shall consist of the
follcxairig:
� 1) The applicant will provide a cvm�rehensive improv�nt plan.
2) The applicant will pay for improvements for the entire former
Peninsula Avenue right-of way.
i 3) The applicant and adjacent property ownexs will enter into an
M agree.ment whereby ingr'ess and egress ease.ments are granted .
i 4) All property c�wners will agree to equally divide future
I larid.scapirig surface maintenance costs.
�
Sixty days follawing City Council approval of this use pe.rmit, the
property owners shall sign and record an agreement. If agreeme.nt is not
reached, a hearitlg to consider revocation of Use Permits 23-U-79 and
21-U-73 shall be scheduled at the next available Planning Co�mussion
Meeting.
Resolution No. 4400 (14-U-91) 03/09/92
Page -5-
11. FIRE/BUILaING OODE SAFEIY
Prior to t of business activity under the subject use permit,
the property owner shall present to the Connnunity Development Director
written evidence fr�n the City of Cupertino Building Official and the
Central Fire Protection District, that all building life safety/health
violations arid deficiencies have been corrected.
All doors and windcxas on the east elevation and the westerly door on the
north elevation shall be re,moved.
PASSID AND ADOPI'ID this 9th day of March 1992 , at a Regular Meetirig of the
Planning Co4rnnission of the City of Cupertino, State of California, by the
followirig roll call vote:
AYFS: CON�IISSIONER.S: Fazekas, Mackenzie, Mann, Austin, Mahoney
NOES : CXxM�SSIONERS :
ABSTAIl�1: QONIl�SSIONER.S:
ABSE�IT: QONIl`�IISSIONIIZ.S:
I ATI`EST: APPROVID:
; 2 �
Robert Cc�wan Daryl az , irman
Director of Connnunity Developme.nt Cupertino Planning Co�nission
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