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Reso 4830 3-U-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 � RESOLUTION NO. 4830 � OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW FINANCIAL OFFICE USES AND STORAGE IN AN EXISTING 2,864 SQ. FT. BUILDING AS PER PREVIOUS APPROVAL SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: j 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution aze based and contained in the public heazing record concerning Application No. 3-U-97 as set forth in the Minutes of the Planning Commission Meeting of April 14, 1997, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 3-U-97 Applicant: Lily Hui-Fang Lee Location: 21621 Stevens Creek Boulevard Resolution No. 4830 3-U-97 April 14, 1997 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. � 1. APPROVED EXHIBITS The recommendation of approval is based on E�chibit Elevations and Plot Plan dated February 1997, and the existing Floor Plan dated February, 1997, except as may be amended by the Conditions contained in this Resolution. 2. PROPERTY USE CONSTRAINTS � The subject use permit authorizes operation of a financial services office use subject to the following: a) The owner/occupant may use the 2,864 sq. ft. area of the building. b) Only office spaces as depicted on the floor plan submitted February, 1997, are permitted to be used as offices. Storage is permitted in the remaining area. c) Electricity to storage areas shall be for lights only, no wall outlets are permitted. d) Storage areas shall not have carpeting. e) Business operations involving frequent delivery truck trips to and from the site are prohibited. fl The loft area shall not be used for storage. The Central Fire Protection District shall include inspection of loft area as part of their yearly review to ensure that the area is not used for storage purposes. g) All windows shall be removed from the north building elevation. h) The rear addition may be retained until reciprocal ingress/egress easement is granted by the owners of the Monta Vista Inn to the rear portion of the lot so that additional parking spaces can be provided. i) The maximum number of on-site employees is two. 3. MASONRY WALL 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 height as measured from highest adjoining grade. The construction of this wall may be delayed until activity occurs at the rear of the site. 4. LANDSCAPE REVIEW Landscape plans shall be subject to architectural and site approval prior to commencement of use permit activity. 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 landscaping along the rear property line to screen the use from adjoining residential properties, and provision of landscaping within the corner planting strip between the Peninsula Boulevard abandonment area and Stevens Creek Boulevard. Said landscape improvements shall comply with the Xeriscape Guidelines. The property owner shall be responsible to obtain all necessary encroachment permits from agencies with jurisdiction. 5. SITEBUILDING IMPROVEMENTS The white trim on the front elevation shall be repainted prior to occupancy. Debris in the front and rear yards shall be removed prior to occupancy. Resolution No. 4830 3-U-97 April 14, 1997 Page -3- , � 6. APPROVED COLORS Approved colors are Kelly Moore paint colors No. 231 Spanish sand and No. 27 Bone. 7. FIREBUILDING CODE SAFETY Prior to commencement of business activity under the subject use permit, the property owner shall I present to the Community Development Director written evidence from the City of Cupertino Building Official and the Central Fire Protection District, that all building life safety/health � violations and deficiencies have been corrected. All doors and windows on the east elevation and the westerly door on the north elevation shall be removed. f SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT I 8. FIRE HYDRANT Fire hydrants shall be located as required by the City. 9. TRANSFORMER SCREENING Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded, such that they are not visible from public street areas. 10. IMPROVEMENT PLAN The developer shall supply a comprehensive improvement plan to the City Engineer which would encompass parking and aisleway layout dimensions, traffic control signs, street trees, drainage, and installation of landscaping prior to occupancy. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepte engineerin ctices. ert Vis ic , City Engineer Resolution No. 4830 3-U-97 April 14, 1997 Page -4- E PASSED AND ADOPTED this 14th day of April, 1997, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: � � AYES: COMMISSIONERS: Austin, Doyle and Mahoney ' NOES: COMMISSIONERS: Roberts and Chairperson Harris � ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: I ! � ; '�i�� .� �/,� .. _ Robert S. Cowan Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission g:/pdreport/res/r3u97