Reso 411726 U-88
CITY O F. C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4117
OF THE PIANNING COYMSSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT FOR A THREE STORY
COMM ERCIALs/OFFICE/RESIDENI'IAL .BUILDING WITHIN THE MONTA VISTA
PLANNING AREA
SECTION Io FINDINGS
WEIEREAS, 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
WHEREASo 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
ity C' 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. o
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 an the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, AFORE,, DE IT RESOLVED,.
That after Icareful 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. inthis 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 26-U-88 as set forth in the Minutes of the Planning
Commission Meeting of October 24, 1988, and are incorporated by reference
as though fully set forth herein.
Resolution No. 411.7 (26 U-88) 10/24/88
Page -2�
II. SUBJECT
Application No(S) 26:U-88
Applicant: Pasadena Development Group
Property Owner: Same and above
Location. 10050 Pasadena Avenue on the east side of
Pasadena mid block between Stevens Creek Blvd,
and Granada Avenue
Parcel Acres., .32
SECTION III. CONDITIONS ADF=STERED BY THE PUBLIC WORKS'DEPARTNE'1NT
1. STREET IMPROVEMENTS & DEDICATION
Street widening,, improvements® and dedications shall be in accordance
with City Standards and specifications and as required by the city
Engineer.
20 CURB..AND GUTTER IMPROVEFNTS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
Sidewalks shall be installed in a manner which allows a minimum of
five (5) feet of sidewalk area whichis unobstructed. This may
require a sidewalk easement on private property.
3. LIGHTING
Street lighting fixtures specified. in Section 12 of the Monta Vista
Design Guidelines shall be installed as directed by the City
Engineer. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maximum
Height permitted by the zone in which the property is located.
Fire hydrants shall be located as required by the City.
5 'TRAFFIC CONTROL SIGNS
Traffic control signs shall be placed at locations specified by the
city.
Street trees shall be planted within the Public Right of Way, and shall
be provided in accordance with Section 8(B) of the Monta Vista Design
Guidelines.
Resolution No. 4117 (26U-88) 10/24/88
Page -3-
7o GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a)o Pad grade shall not exceed two feet
above the highest adjoining top of curb elevation.
Drainage shall be provided to the satisfaction of the City Engineer.
The applicant shall be responsible for complying 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 submit a
detailed plan showing utility underground provisions. (This plan must
have prior approval of the utility companies and the City Engineer.)
The applicant shall be responsible for completing the site as shown on
approved plot _plan and shall be required to enter, into a development
agreement with the City of Cupertino providing for payment of
necessary fees, including but not limited to checking and inspection
fees, storm drain fee, and.: utility fee. Said agreement
shall be executed prior to the issuance of a building permit.
11. TRANSFORMER SMEENING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrounded., such that they are not visible from
public street areas.
SECTION IV.- CONDITIONS AEVJ±NISTERED BY. THE PLANNING DEPAR FMT
12o APPROVED -EXHIBITS
The recommaendation of approval is based on Application Plan Set (4
sheets) dated 8-26-88, and the Staff M6i bit dated 10-19,-.88 depicting
the revised east elevation of Application 26 U-88 except as may be
amended by the conditions contained herein.
13. MODIFICATION OF THE APPROVED DEVELOP= PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor change,, alteration or amendment in the
approved development plan or building permit.. a'written request and
revised development plan or building permit shall be submitted to the
Director of Planning and' Development. If the Director makes a finding
that the changes are minor and do not affect the general appearance of
the area or the interests of owners of property within or adjoining
the development area, the Director may certify the change on the
revised plan,. If such approval is withheld, 'the applicant may appeal
to the Planning Commission.
Resolution No. 4117 (26 U-88) 10/24/88
Page -4-
14.,PROPERFY USE CONSTRAINT
The subject Use Permit authorizes construction of a maximum of 4,150
sq. ft. of commercial and office space on the first level of the
building, and six apartment units on the upper level, 2 of which are
two bedroom, 4 of which are one bedroom units. The applicant shall
record a covenant acceptable to the City Attorney restricting
occupancy of not less than 1,300 sq. ft. of said 4,150 sgo fto to
comamercial uses, service, as defined in Sections 5a, 5c, 5d, and 5g of
Ordinance 1344. Conditional uses defined in Section 6 of said
Ordinance 1344 shall require separate use permit review and approval
by the City of Cupertino.
The Floor Area Ratio for. the nonresidential building space within the
project shall not exceed .30 of the net lot area of 13,900 sq. ft. in
accordance with the approved application exhibits and the City°s
General Plano
Minimum off-street parking shall be provided for the office and
residential portions of the project as follows.
Office e (2,850 sq. ft.at l space/285 SOFA) = 10 spaces
Residential (6 units at l ecovered space per unity = 6 spaces
Signage shall be provided which reserves the covered spaces for use by
apartment tenants only.
17. ACCESS EASENMTS e AWO=G NORTHERLY AND EASTERLY SITES
The applicant shall record an agreement obligating existing and fixture
Property owners to provide reciprocal vehicular and pedestrian egress
and ingress easements between the subject property and all properties
to the north and east within the same block. Said agreement shall be
subject to approval of the City Attorney prior to recordation, The
intent of this condition is to provide for the, cca mon access and
parking lot designs described in the Monta Vista Specific Plan.. Said
easements shall be implemented at such time as the surrounding parcels
redevelopment and the city can require the adjoining property owners
to agree to reciprocal easements.
18. ACCESS EASEMENT e AD3*0 NIIVG SOUTHERLY SITE
The applicant shall record a reciprocal access agreement subject to
approval of the city Attorney for all parcels which provide vehicular
and pedestrian access to the adjoining properties to the south, in
order to implement the common access and parking lot designs described
an the Monta Vista Specific Plano
Resolution No. 4117 (26 U-88) 10/24/88
Page -5m
190 CONSOLIDATE PARCELS
The applicant shall consolidate all existing parcels into a single lot
prior to issuance of, building permits.
All mechanical equipment shall be screened from public visibility.
21. MONTA VISTA IMPROVEMENT DISTRICT
Applicant shall agree to join a Monta
district to pay for maintenance and
including but not limited to stree
t
The site plan shall be adjusted to provide 12-18 inches of setback
from the north property line. The applicant may adjust the setback
slightly on Pasadena Avenue to acconnodate the planned square footage.
The setback adjustment shall be subject to staff approval at the
building permit stage. In lieu of said setback, the applicant. may
obtain a building maintenance easement from the adjacent property
owner.
23. TREE PRESERVATION
The applicant shall provide a plan for preservation of the existing
specimen redwood tree on the westerly site frontage. Said plan shall
include graphic depiction of protective devices to be installed along
the dripline perimeter of said tree prior to the beginning of, and
throughout the duration of construction activities.` The applicant
shall retain the option, however, to request removal of said tree and
replacement thereof with a 60 inch box specimen, subject to staff
approval. Staff may require the applicant to provide an arborist°s
evaluation of said tree before deciding upon any requests for it's
removal.
The final architectural materials and colors, and the final landscape
plan shall be subject to informal ASAC review prior to issuance of
building permits. Colors and materials shallbe reviewed in
accordance with Section 7, and landscape information shall be reviewed
in accordance with Section 8E, F. and H of the Monta Vista Design
Guidelines.
Resolution No. 4117 (26 U-88) 10/24/88
Page o6e
PASSED AND ADOPTED this 24th day of October, 1988 at a Regular Meeting of
the Planning Commission of the City of Cupertino by the following roll
call vote,
AYES: COFMSSIONERSo Adams.. Claudy, Mackenzie, Chro Sorensen
NAYS COIUSSIONERS: None
ABSTAIN., COFMSSSIONERSo None
ABSENT'. COYMSSIONERS o Szabo
ATTEST: APPROVED.,
_ • oa -
• - - - ..-
rson
Director Planning Commission