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Reso 308940-U-87 CITY OF CUPERTINO 10430 S. De Anza Boulevard ojpertirn, California 95014 RES0LWION NO. 3089 OF THE PZANNniG COMMISSICH OF THE CITY OF Ci7PERIM40 R903 MMING APPROVAL OF A USE PERMIT TO COILS ;L= A TWO-STORY, 3743 SQ. FT. CMVERCIA�OFFICWRESIDENTInr. BunDING R' Mumm, the Planning C—ission of the City of 0.rpertinno received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEFEM, the applicant has met the burden of proof required to support said application; and WwTFAS, the Planning Ocmissicn finis that the application meets the following requirements: ents: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are root detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) net the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) Tnat the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such prgxsed uses, nor injurious to Property and improvements in the neighborhood. NOW, MEREFME, 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 emmierated in this Resolution beginning on Page 2 thereof; and Tnat the suboonclusicns upon which the findings and ocnditions specified in this Resolution are based and contained in the Public Nearing record concerning Application 40-U-87 as set forth in the Mirmte_s of the Planning Oommission Meeting of September 14, 1987, and are incorporated by reference as though fully set forth herein. RESOLUTICN NO. 3089 (40-U-87) 9/14/87 PAGE - 2 - ay4 • _•.• lam �n._•• tom_ • Application No(s) 40-U-87 Applicant: James H. Sisk Property Owner: Rosella Blalock - Jean M. Tw cello Location: Fast side of Pasadena Avenue apprgximtely 50 ft. north of Granada Avenue (10060 l�naariona AN e ) Street widening, improvements and dedications shall be provided in axordance with City Standards and specifications as required by the City Engineer (per Manta Vista Design Guidelines). • ��: a 11l4'' ,::••.ia�a Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards (per Manta Vista Design Guidelines) as specified by the City Engineer. Street lighting (per Morita Vista Design Guidelines) shall be installed and shall be as approved by the City Engineer. Idghting fixtures shall be positioned so as to preclude glare and other forms of Visual interference to adjohWy properties, and shall be no higher than the maximan height permitted by the zone in which the site is located. Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. ;�� �;1 Street trees shall be planted within the Public Right of Way and shall be of a type specified within the Morita Vista Design Guidelines. Trees planted within, sidewalk areas shall utilize cast iron tree grates consistent with --the type shown in Section 10.B of the Manta Vista Design Guidelines. FESOLUrICU NO. 3089 (40-U-87) 9/14/87 PAGE - 3 - Grading sha11 be as approved and required by the City Engineer in accordance with Ordinance 125. Pad height shall be set at the height necessary consistent with City Standards. •;; ..��na Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. The developer shall ommply with the requirements of the underground Utilities Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility mdergrc ud provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. Electrical transformers, telephone vaults and similar above ground equipment enclosure's shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. MVM•:�• • • r• �s d- The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with the Cupertino Water Utility for water service to the subject development. The reccmmerdaticn of approval is based an Exhibit A of Application 40-U-87, except as may be amended by the Conditions contained in this Resolution. r R=LLMON NO. 3089 (40-U-87) 9/14/87 PAGE - 4 - 13. USE LIMrrATIC NS — (GENERAL CCK4MCIAL) Permitted tines for the norm residential space may include all uses allowed without the securing of a Use Permit in the City of Cupertino CS, (General Comme=ial) zoning district. All other uses requiring Use Permit review in the CG zone shall require Use Permit review. 14. C IWLTWA- PAFbCELS 72ne applicant shall consolidate all existing parcels into a single lot prior to issuance of building permits. 15. F13DIFICATICN OF APPRWED DEVEIAPMEW FLAN In the event that the applicant or subsequent property owner shall desire to make any minor changes, alterations or amendment of the approved development plan, a written request or revised development plan shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes 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 changes are material, such charges shall be referred to the Planning Omni Jon for approval. If the flanges are denied by the Plarmirg 0.=nission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning C—fission, an appeal may be made to the City Council by any interested party. Further, any Member of the City Oouuncil may request a hearing before the City Council regarding said approved changes. Said request shall be merle within ten (10) days E the date of approval of said changes by the Planning cami4aion. ��yr 1a'C !i C•�a __ rC�ti�a�V Tine applicant acknowledges that develolmant is contingent upon the acquisition of an ingress/egress easement over the southerly property for access to the subject site. One applicant shall record an irgimss/egress covenant with the adjoining southerly property owner prior to issuance of building permits for the project.' the covenant shall be submitted to staff for approval prior to recordation. \l-1 I.r;ia PC.•i Zbe applicant shall sign an agreement to participate �� said reciprocal access easement with the adjoining property owners owners are obligated to participate in a similar agreement. Said agreement shall provide access rights for all property owners within the area bounded by Stevens Creek Boulevard, Pasadena Avenue, Granada Avenue and Imperial Avenue. RESOISIPION NO. 3089 (40-U-87) 9/14/87 PAGE -S - Final building colors Shall be submitted to th8 Architectural and Site Approval O=Mittee for review and informal approval prior to issuance of a certificate of com4mriccy for the building. Building colors shall match those used on the adjoining southerly building The approval is granted to caistruct a mixed use building totalling approximately 3743 square feet. 4he building shall consist of three residential units totalling approximately 2040 square feet and 1703 square feet of office/commercial space. The three covered and/or enclosed parking spaces adjacent to the building sha11 be specifically assigned to the resid,aiat units. 21. SIGdiS The sign areas shown on Exhibit A are not approved under this application. Trash bins and/or trash cans shall be contained within a trash enclosure approved by staff at the building permit level. 23. IANDSCAP12tG Final landscape plants shall be submitted to the Architectural and Site Approval Omamittee for informal review and approval prior to oanq3ancy of the building. Plans shall be consistent with landscape requirements of the Manta Vista Design Guidelines. Applicant shall agree to join a Matta Vista C=mercial Area Assessment District to pay for maintenance and operation of public improvements including but not limited to street lights, public landscaped areas, street furniture, public parking areas, etc. no RESOLUTION NO. 3089 (40-U-87) 9/14/87 PAGE - 6 - 111/ PASSED AND ADOYi'E1) this 14th day of September, 1987 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman Mackenzie NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMMISSIONERS: None ATTEST: APPROVED: VS-3C" Robert Cowan Do ckenzi , Cha' Director of Planning Cupertino Planning 'ssion RES40U87(RANDY)