Reso 406810-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLVPION No. 4068
OF THE PLANN127G COMMISSION OF THE CITY OF G[JFFRIINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A 2,600 SQ. FP. OFFICE/CCNMERCIAL/RFSIDENTIAL
ADDITION TO AN EXISTING COMMERCIAL BUILDING
SECTION I• FINDINGS
MMZEA.S, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEREAS, the applicant has met the burden of proof required to support
said application; and
WHEREAS, the Planning Commission finds that.the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing 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
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) That 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 proposed uses, nor injurious to
property and improvements in the neighborhood.
Nal, 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 reconmended 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 are based and contained in the Public Hearing record
concerning Application 10-U-88 as set forth in the Minutes of the Planning
Commission Meeting of June 13, 1988, and are incorporated by reference as
though fully set forth herein.
RESOLUTION NO. 4068 (10-U-88) 6/13/88
PAGE - 2 -
SECTION II• PRaJECT DATA
Application No(s) 10-U-88
Applicant: Terry Brown,/James Hemohill
Property Owner: Same
IDcation: West side of Pasadena Avenue approximately
75 ft. north of Granada Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORK4 DEPA.iRM4T
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and an required by
the City Engineer.
2. CURB AND GUTTER ITS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STREET LIGHT'ITIG INSTALLATION
Street lighting shall be installed and shall be as approved by the
City Engineer. Lighting fixtures shall be positioned so as to
preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maxim= height permitted
by the zone in which the site is located.
4. FIRE HY[7RANT
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.
6. STREET TREES
street trees shall be planted within the Public Flight of Way and shall
be of a type approved by the City in accordance with Ordinance 125.
RESOLUTION NO. 4068 (10-U-88) 6/13/88
PAGE -3-
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
8. DRAINAGE
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.
9. UNDERGROUND UTILITIES
The developer shall comply 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
underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
i • • � • • is • e�- a�a ��
The project developer shall enter into a development agreement with
the City of Cupertino providing for payment of fees, including but not
limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
11. TRANSEOMERS
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screened with fencing and landscaping
or located underground such that said equipment is not visible from
public street areas.
SECTION IV: CONDITIONS AEU=STERED BY THE PLANNING DEPARTMENT
12. APPROVED E}¢IIBM
The reccnrendation of approval is based on Exhibits A, B, B-1 Info. 1
and Info. 2 of Application 10-U-88, except as may be amended by the
Conditions contained in this Resolution.
RESOLUMON NO. 4068 (10-U-88) 6/13/88
PACE - 4 -
i a • • - a� p: awau�
The existing house on the site shall be removed prior to or
concurrently with project construction. The developer shall assume
the responsibility to obtain all required demolition permits in
accordance with City Ordinances.
14. CONSOLIDATE PARCELS
The applicant shall consolidate all existing parcels into a single lot
prior to issuance of building pennits..
15. MODIFICATION OF APPROVED DEVELOPMENT PLAN
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 findIn g 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 Cormnission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
member 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 Commission.
16. APPROVED BUILDING:
Approval is granted to construct an addition to an existing building.
Addition shall total approximately 3588 square feet including an
apartment of 1192 square feet and a maxim= of 2396 square feet of
office/cc mnercial space.
17. USE LIKITATIONS•
The buildings on site shall contain the following uses:
BUILDING
ALIDWED USES
Building I
Commercial/office/2 apartments
Building II existing
Commercial
Building II addition
Commercial/office 1 apartment