Reso 2622 •
13-U-85
RESOLUTION NO. 2622
• OF THE PLANNING COMMISSION ❑F THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ADD A
•TOTAL OF APPROXIMATELY 3,230 SQ. FT. TO THREE •
BUILDINGS PRESENTLY CONSISTING OF 2,600 SQ. FT.
FOR A TOTAL BUILDING AREA OF 5,845 SQ. FT. THE
PROPOSAL CONSISTS OF COMMERCIAL/OFFICE USES AND
INCLUDES TWO RESIDENTIAL DWELLING UNITS.
APPLICANT: Terry Brown, et al
ADDRESS: 21884 Byrne Avenue, Cupertino, California 95014
SUBMITTED: March 4, 1985
LOCATION: . Northwest Corner of Pasadena Avenue and Granada
Avenue
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of April 8, 1985.
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they d❑ not
conflict 'with the special conditions enumerated herein.
In the event a conflict does exist, the special
IIIconditions as enumerated herein shall apply.
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits
A, B, C, D, E and F of Application 13-U-85 except as may
be amended by special conditions enumerated herein.
17. MODIFICATION OF THE APPROVED DEVELOPMENT 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 witheld, the
applicant may appeal to the Planning Commission. If the
changes are material , the Director shall submit said
changes to the Planning Commission for approval . If the
change is denied by the Planning Commission, the
411 applicant may appeal to the City Council as provided in
Ordinance 652 of the City of Cupertino. If the change
is approved, an appeal my be made by an interested
party. Further, any member of the City Council may
request a hearing before the City Council , said request
to be made within ten (10) days from the date of
approval - when the change has been approved by the
Planning Commission.
111
CITY OF CUP. E', RT INO
•
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505 `'
•
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an
application fora USE PERMIT, as stated oil Page'2; 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
and is 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 beyond 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 use •
nor injurious to property and improvements in the neighbor-
hood. • 1
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERMIT
is hereby recommended for approval, subject to the conditions stated
on Page 2; and •
BE IT FURTHER RESOLVED:
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
•
lI
Planning Commission Resolution No. .2622 (Continued) 13-U-85
•
18. INGRESS/EGRESS EASEMENT AGREEMENTS
411 The applicant shall record an appropriate deed
restriction and covenant running with the land subject
to review and approval by the City Attorney, which
enters into reciprocal ingress/egress easements with the
adjoining property to the north for the joint driveway
along the north property line, and which extends rights
of ingress/egress to all properties bordered by Stevens
Creek Boulevard, Orange Avenue, Granada Avenue, and
Pasadena Avenue.
19. FUTURE INGRESS/EGRESS EASEMENTS
The applicant shall sign an agreement to participate in
a reciprocal access easement with the adjoining property
owner (s) to the west when said property owner (s) are
obligated to participate in a similar agreement with the
applicant.
20. TREE PROTECTION
The applicant shall provide a plan for preservation of
the existing specimen trees on the subject property
which are to be retained or relocated. Said plan shall
include graphic depiction of protection devices to be
installed along the dripline perimeter of each tree for
® the duration of construction activities. The plan shall
include an evaluation from a Landscape Architect
outlining the effect of construction activity upon the
trees and detailing measures to ensure their survival in
• accordance with Ordinance 778.
21. LANDSCAPE REVIEW
The on-site landscaping shall be subject to staff review
and approval at the building permit stage.
22. DEMOLITION REQUIREMENT
The applicant shall assume the responsibility to ❑btain
all required demolition permits t❑ remove part of
Building Number One in accordance with City Ordinances.
23. . CONSOLIDATE PARCELS
The applicant shall merge existing parcels into two
lots.
'n atnn i ng Commission Resolution No. 2622 (Continued) 13-U-85
24. PROPERTY USE CONSTRAINTS
410 The approval is granted to redevelop three existing
buildings for a total of approximately 3,420 sq. ft. of
office space, 1 ,430 sq. ft. of commercial area, and two
residential studio apartment units consisting of
approximately 1 ,000 sq. ft. The floor area ratio of the
commercial and office component shall not exceed
limitations of the General Plan. All new uses or
changes in use from those approved in the above
conditions shall require use permit review as determined
by the Director of Planning and Development,
25. LIGHT FIXTURES AND STREET TREE TYPES
The applicant shall provide street light fixtures and
street tree types consistent with the Monte Vista Design
Guidelines. The first parking space on the entrance to
Pasadena Avenue shall be eliminated and replaced with
landscaping incorporating a cluster of Gingko trees.
26. PARKING LOT FENCE AND LIGHTING STANDARD
The applicant shall accommodate the 3 ft. high picket
fence detail and simple globe lighting standard
incorporated in the Monte Vista Design Guidelines.
® 27. PARKING
The: two parking spaces adjacent to the Building Number
One shall be covered and designated specifically for the
studio apartment units.
PASSED AND ADOPTED this Sth day of April , 1955, 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, Sorensen, Szabo and Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Mackenzie
ATTEST: APPROVED:
/s/ Robert Cowan Ls1 John Claudy
Robert Cowan John Claudy, Chairman
Assistant Planning Director Planning Commission
41,
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