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DIR-2000-09b~~ ~~C . CITY OF CUPEI~TINO March 21, 2001 Mr. Steven C. Lipp 10201 Hillcrest Rd. Cupertino, CA 95014 City Hall 111300'lbrre Avenue Cupertino, CA 95014-3255 "1'elepltone: (408) 777-3223 I~AX: (408) 777-33GG Website: www.cupertino.org OFFICE OF THE CITY CLERK RE: Appeal of Planning Commission recommendation regarding a modification to an approved plan for an addition to an existing medical/office building, application No. 09-DIR-00. 10413 Torre Avenue, (APN 369-49-008), applicant Dr, Khalil Saghezchi. The appeal was filed by Mr. Steven C. Lipp. Dear Mr. Lipp: At their March 19, 2001, regular meeting, tl~e City Council made the following actions related to the above-stated item: • No action was taken. Both parties came to a mutual agreement and the appeal was withdrawn. If you have any questions regarding the above stated item, please contact the Department of Community Development at 408-777-3308 for clarification. The conditions of project approval set forth /rerein play include certain fees, dedication requirements, reservation requirements, and other c~ractions. Pursuant to Government Code Section 66020(d)(I), these conditions constitute written notice of a.statement of the amount of srrc% fires, and a description of the dedications, reservations, and other ~cactions. Yorr are hereby further notifrer/ that t/re 90-day approval period in Ivhiclr you may protest these fees, dedications, and otl:er exactions, pursuant to Covernmerrt Code Section 66020(a), has bepurr. If you fail to file a protest within this 90-day period comp/yiug wiHi al! of the F'nnfeJ nn lLrl~clrJ P:+trcr Mr. Steven Lipp • Page 2 • March 21, 2C01 Appeal requireurer:ts of Sectio-- 66020, you will be legally barred frou- later challengi-:g s-rc/: exactio--s. A-ty interested perso--, i-tclt-di-:g tl-e applicant, prior to seeki--g judicial review of the city cou--cil's decision i-: this matter, n:ust first file a petitio-: for reconsideration wit/e t/:e city clerk wit/ri-: te-: days after t/re cou--ci!'s decisio--. A--y petition: so filed -nust comply rvitl: municipal ordi-:a--ce code §2.08.096. Sincerely: '7^---- Grace Johnson Deputy City Clerk cc: Planning City Attorney (~C , CITY OF CUPE(~TINO City 1-loll 10300'['orrc Avenue Cupertino, CA ')5014-3255 'Cclcphonc: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF'1'HE CITY CLERK 1~ ebruary 27, 2001 Dr. Khalil Saghezchi 14651 Quito Road Saratoga, CA 95070 APPEAL OP ['CANNING COMMISSION DECISION REGARDING 09-DIR-00 (10413 Torre Avenue). Dear Dr. Saghezchi, titr. Steven C. Lipp has filed an appeal of Planning Commission's approval of Application 09- D1R-00, regarding a modification to an approved plan for an addition to an existing medical/office building (change in exterior doors). A copy of the appeal letter is enclosed. The appeal hearing will be heard at the March 19, 2001, regular City Council meeting. Council meets at 6:45 p.nm., City Hall Council Chamber, 10300 Torre Avenue, Cupertino, Califoria. Interested parties arc invited to attend and be heard. Council will rcccivc written information from staff Any printed material you would like Council members to rcccivc prior to the meeting should be submitted to this office no later than Tuesday, March 13. We will duplicate and deliver it to Council members. If you have any questions regarding the process, please feel free to call. Sincerely, C~,~~-~~ GraccJohnson Deputy City Clerk cc: Department of Community Development /Smkal on Rer yclrJ ltgav ` ~ x~'a. • Steven C. Lipp 10201 Hillcrest Road Cupertino, CA 95014 Qukl;~ ~~~`~~ ~~. 3~i9 February 26, 2001 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE: Dr. Khalil Saghezchi/10413 Torre Avenue To Whom It May Concern: Please accept this as a formal request to appeal the Planning Commission's decision regarding the aforementioned property. My appeal is based on the following facts: a) Per the City Council's decision as stated on January 18, 2000, any internal changes to the use of this property shall be reviewed by the Planning Commission. b) During the Design and Review meeting of December 27, 2000, a decision was made conflicting with Councilperson James' motion (see item a). • c) The current design is undesirable. During the appeal, one of the Planning Commission stated, "it was unpleasiny to the eye at best". I will be reoccupying the building under my existing lease. I have major concerns regarding the decision made by the Planning Commission. Si erely, S even C. Lipp cc: George Kasolas, Attorney at Law p~c~~od~ D FEB 2 6 2001 CUPERTINO CITY CLERK I- ~r~ (CL i CITY Of CUPEI~TINO i ~ c'uy I lau 10300'fune Aecnuc Cupertino, CA 95014-32» 'Cclcphone. (403) 777-3223 l~Aa: (403) 777-33GG OFfICIi OP'I'lIG CITY CLGItK February 2, 2001 Mr. Steven C. Lipp 10201 Hillcrest Rd. Cupertino, CA 95014 RE: APPEAL OF PLANNING COMMISSION DEC1S10N REGARDING 09-D[R-00 (10413 Torre Avcnuc, Dr. Khalil Saghezchi). Dear Mr. Lipp: four appeal of the Planning Commission decision regarding Application 09-DIIZ-00, u modification to an approved plan for an addition to an existing medical/office building (change in exterior doors) has been scheduled for March 19. A copy of the appeal letter is enclosed. The appeal hearing will be heard at the March 19, 2001, regular City Council meeting. Council meets at G:45 p.m., City Hall Council Chamber, 10300'forre Avcnuc, Cupet•tino, California. Interested parties arc invited to attend and be heard. Council will reccivc written infomtation from staff and a copy of your appeal letter. Should you have any other printed material you would like Council members to reccivc prior to the meeting please submit it to this office no later than Tuesday, March 13. We will duplicate and deliver it to Council members. 1 f you wish to challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described iu this notice, or in written correspondence delivered to the City of Cupertino City Hall al, or prior to, the public hearing. I f you have any questions regarding the process, please feel free to call. Sincerely, Grace; Johnson Deputy City Clerk cc: Dept. of Community Development ,~,,,~r,~,,nn ~~„~,~~~,•~, P.p•r~ f STEVEN C. LIPP 3 8 5 9 NEIDI M. LIPP ~ 10201 HILLCREST ROAD ~~~ ~ ~ 80.78/1211 CUPERTINO CA 9 1d UAfIS Pa mIE ~ - ---- Ixxinas o o:,.,,...r.. 1°fi! NURtII WULLE RU. /'n 6ANKW(WEST N71N°41fl010°1~ ~/ / //1 l~,~l//((JJ((///////l FOR ~ 1:12LL00782~:3859 02i0387521r ~ ~ ~ • Cupertino, C;"~ SSO'}-, ;aoa~a~~-~ sac December 27, 2000 Ciry of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE: 10413 Torre Avenue To Whom It May Concern: I have serious concerns regarding the changes to the permit issued to the property noted above. I have a current lease at 10413 Torre Avenue for approximately five more years. I have a right to ten of the twenty existing parking spaces per my lease. Vera Gil advised the Planning Commission that there would be twenty-one spaces available for three offices at 10413 Torre Avenue. Prior to the meeting, I I advised her that this was incorrect. The total parking spaces available left for the existing office and new office would be eleven spaces. I think the Planning Commission should be aware of the facts. In October, Dr. Saghezchi told me that he had changed the design that the city had previously approved and was starting construction immediately. 1 was advised by Dr. Saghezchi that he had a permit to do so and that I could do nothing about it. This was not true but he started construction anyway without proper permits. The new entrance is not acceptable to me, The entrance is dark with no lighting and is a fire hazard. My wife called Greg Casteel in the Building Department to see if a new permit or a change was issued. There was no change or new permit issued. I was advised by Vera Gil that Dr. Saghezchi could go forth with his plans. Disturbed by what Vera Gil told me, I spoke with Ciddy Wardell. Ciddy informed that the wall being built would have to be taken down. ~~ . ....:: i ::rn heir:q ioci in<,i ti~.: Pi~rrr,iny ~:o;nrrr;s;>iorr :'u:~l;orts this change. I am yurte concerned aborat this changa and haw it affects tY:~ valua of my lease of this property. I did not receive proper. notification of this meeting. Ciddy Wardell had mentioned it to me during a phone conversation. My point is to caution you regarding the intentions of the owner of this building and to notify you that I am not in agreement witfi these changes as proposed.. Sincerely, -~ Steven C. Lipp sagl I ~ I~ I ~, CIT'Y' t~f February 1.3, 2.001 Steven C. Lipp 10201 Hillcrest Road Cupertino, CA X5014 ~ QaQf~ "Torre Aveci~e Cupertis7o, C,h ~)5(~I'~ (418) 777-3~(3&' ~~AX (4f18) 777-333 iCon~inursity D€:welopn~enC Departi~~ei~t SflI3.IECT: Pf,AI*FNINCx COMMISSION ACTION I.FT"Tlait - 09-DIR-00 This letter confirms the decision ol~the Planning ConllXllssi0~1, given at tl~e meeting of February 12, 2001, denying an appeal of a Design Review Committee approval of a modification to an approved plan for an addition, to an existing medical/office building (change ia~ exterior dpors). please be aware that you may appeal this decision within 14 calendar days. In such case, a public hearing will be sehecluled before the City Council. Sincerely, r ,~ Vera Gil Senior Planner c: Dr. Khalil. Saghezclli g:/~la~~niq~~'post hearin~lactio~~le~ter{~9dir00 }~rnte[1 a: !?ecy^.lerl ~?;~p~~r ff G ~ ~ Cityo£Cupertino `~L ~ 10300 Torre A~ enue ~~~ Cupertino, CA 95014 CITY OF (408) 777-3251 C U P Ef~TI NO FAX (408) 777-3333 Community Development Department Housing Services January 26, 2001 Dr. Khalil Saghezchi 14651 Quito Road Saratoga, CA 95070 pear Dr. Saghezchi, Your Design Review Subcommittee approval was appealed by Mr. Steven C. Lipp on January 8, 2001. I have enclosed a copy of the appeal letter for reference. The appeal will be heard by the Planning Commission on February 12, 2001 at 6:45 p.m. in the City Council Chambers. Please contact me at (408)777-3251 if you have any concerns. Thank you. Sincerely, C~TY OF CUPERTINO I~~ `~ Vera Gil Senior Planner CC: Steven C. Lipp Pnnled on Recycled Pepsr ~" ~ , ~.- ~ ~- a z~. C.;~ ~~. .~ to ~y~ ~.' '"`, s. ~ ~` ~ p ~~u To: Peter Cill Froxr~: Kiersa Witt Subject: Date: 09-DIR-00, Dr. Khalil Saghezcl~.i December 23, 2003 1030Q Torre Avenge Cupertino, Cc~lifornaa ~5Q7 Telephone: ('4DS) 777-33Q~ FA.X: (4Q8) 777-3333 COMN1LIl~lITY D~EVELQPMEi'VT The Design Review Committee action is as follows: Approved Application Na, 09-DIR-00 for minor exterior changes to an existing building, located at 1.0413 Torre Avenue, according to Resolution No. 31, December 2'7, X000, ~p .~ Kiersa Witt Administrative Clerk ~zrr'~~zrt~c'd f"':fi~~c:r 09-DIR-00 CITY OF CUPERTINO 1©~00 Torre Avenue Cupertino, California 95014 RES~QLUTIf~N 31 OF THE DESIGN REVIEW COT'vIMITTEE OF THE CITS' OF CUPERTINO APPROVING MINOR EXTERIOR CHANGES TO AN EXISTING EUILDING I..OCA'1'ED AT 10413 TORRI AVENUE SECTION I: PROJECT DESCRIPTION Application NQ.: 09-DIR-00 Applicant.: Khalil Sa.ghezchi. Vocation: 1041.3 Torre Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received referral far a Director's Minor Modification, as described in this Resolution; and WIIEREAS, the Design Review Committee finds that the changes are beneficial and casnpatible vY~ith the surrounding area; 1. The prapasal, at the proposed. location, will not be detrimental or injurious to property ar improvements in the vicinity, and will not be detrimental to the public health, safety,. general welfare, or convenience; 2. The proposal is consistent. with the purposes of the zoning ordinance, and tl~e General Plan. 3. The prapasal vrill use materials mGrtching the existing structure, which are compatible with neighboring properties. MOW, THEREFORE, BE IT RESOI.,VED: That after careful consideration o1'maps, :facts, exhibits, testimony and other evidence submitted. in this matter, the application no. 09-DIR-00, is here by approved; ar-~d Tlxat the subeonclusians upon which the findings and conditions specified in this Resolution are based and contained in the public hearing retard concerning Application 09-DIR-00 as set Earth in the Minutes of the Design Review Committee Meeting of December 27, 2000,. and are incorporated by reference herein. Resolution ~ 1 09-DIR-00 December 27. X000 Page 2 SI~CTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS Approval is based on submitted plan set dated December 6, 2000 and sheet A3 dated December 12, 2000, The plan shad meet all safety or hazard prevention requirements.. 2. NOTTCE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, anal other exactions. Pursaxant to Government Code Section 6~020(d) (I ), these Conditions constitute 4vritten notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are lxereby further notified that the 90-day approval period in which you may protest these fees, dedicataixs, reservations and. other exactions, pursuant to Government Code Section 66020(x), has begun. If yore fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you. will be legally barred fronx later challenging such exactions. PASSED AND ADOPTED this 27th day of December, 2000, at a Regular Meeting of the Design Review Canxmittee of the City of Cupertino, State of California, by the following rill call vote: AYES: COMMISSIONERS: Kwok, Stevens NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Isl Ciddy Wordell Ciddv Wardell City Planner APPROVED: I sl Jerry Stevens ,Terry Stevens Design Review Committee 5 ~.. ' 0' ~ 2. 0 ~ 12'-F 1"C' 0" - ' ~~.~~~~_~ PROPERTY LINE _ _ _ _ _ -._ _ I `~ ~ ~~ i __. I o le ~ GENERAL I DENTAL ~ GENERAL --- ~ ~*--- OFFICE OFFCE I ..OFFICE i ~);~~,W °~ 1500 SF 1225 SF " 2490 SF ', ,~ z _ w' ~,~ s a .- .,. ' ~~~ ~ I '' i o ~ 5 0 ~~ a I O ~ ucw owls I~ ', Q z a C "~ _nNe oNa _ ~ ~'. m~cv~ ~ ~ ~y W ~ ~~ I~ u _ _ ~., I X I +~ I ~. C ~f ~I I~ mp$ ~] ~ ~ L.~ J ~[ .... ..... __..._ -.. ~ n O T IIIIIILFLFLF--~~~JI ~' -- s~c•I PROPOSED 05E PLAN ,~ EXTERIOR ELEVATION PROJECT DATA: APN: 369-40-8, previous USE PERMR 13-U-73 ZOiBNG: P (OP) ADDRF£S: 1041) TOFRE AVENUE E%6 RIG PROPOSED UNO USE MULR-TENANT MULTI-TENANT/MED-DENTAL LOT SIZE 'OT 6' % 182'-8' NO CHANGE BIOG AAEA (SF) 42L7 SF 5,215 SF PARKING REGUUIR 2f .OVERSIZE) 14 COMPACT - fi UNI-SIZE - - HAIIDICAPPED - i O1HER5: NO FOOTFRINT ADDOION. LGT COVERAGE TO REMAIN. MBIOR IXTRgR MODFMATION OF ADLING ODOR OPEMNG PAYING AREA TO REMAN, LANDSCAPING TO REMAIN PARKING IfEGULATION AS PER CUPE11N0 ORDINANCE CHAPTER 15.100 PARKING RATq AS PER TABLE. 19.100.040-A PROPOSED LANG USE PARKING REU'O GENERAL OFFCE 3990 sq ft 3990/285 = 14 NEW DENTAL OFFlCE' 1225 sq ft 1225/175 = 7 TOTAL GRO55 BOOR AREA 5215 sq ft TOTAL CARS 21 -ll_~)!J l ~ ""w lam, 6YfERIXU1 RRCUIT ~CTURE NIFANR OER G! ~ I- w < ~_N az w A m4 a ~ << rti U ~.h w a LMf9 X a o ~ W ~ Fo ~r~.= m' ~liY - P c" C o - PNOPOSEO PLOOR vLaN ~ ELEVATION A2 _..+~~. vmx - ,. mw - ~ ~~ ,~~ 5~E 5..,E TORRE DRNE _15'=0"~~ 2D'-_O' x.12'-8'° _ __... I i ~ J -~ T i _..._._ .._.___ ~~.5' __ 25 D' ___ - x c _. d i __ ._ _p ~ ~ `~ I J o ~ ~ NEW \ J I DOORS =1- I ~ ~ I ~ ~~- ~-- ---- ~.. SEE ~__-- -' c_ .- _____ -__ --_._ Illrrr I Af- GENERAL DENTAL GENERAL _I _ Is'-o" t OFFICE OFf ICE OFFICE 1500 SF 1125 SF - 2490 SF -- ~ `ma Ces'x,a• ~ ~ <o m ~ COMPACT 3 _-_- I iI OREFRONT N of m C -~-- ~ ~)OW WAL D R U Z O V (D _.. ___ - _ -- s=6 RG ~ C _ - -- -- ~( EXISTING LANDSCAPING (TYP. OF 3 LOCATIONS) .E iNE%c wu Rc nxoR s>E weAS IR TNS PRO.~n w _ SEE 7A - __ PANAING PNNt RF SIMPNG ANO Accxme~6 scxw6 C ~ ~~ EXISIINC CONC. WALK ~~ --- ___ -- sY%mE ro D6s orurz EXlsr. _._ XISTING CONC. CURB Lau'mNwosc'VWio°r ~c »~ - __ _ VAN C o ~ RAMP ~- ~le~ P°xG"" ` ~ -' I i. ~~ ~~ tD'-D'~ 9'-O" ~ TYP. - __.. - - - - 182.5' 11T- - - _ _- - -_ 2 SITE PLAN w/ proposed PARKING RE-STRIPING EXISTING R°Df fASDIA EW STAIN TO MAICN E%ISr. SCALE I/I6~ = I -O _I~. W a z ~ '^ z I ~ o ? - ti ~~ ~ ~ w ~ _ NEW CONC.PATN SLOPE NOTTO E%CEE i/t" PER PT. IN 0.NY DIRECTI( E%ISTING BLDG SIGN J a "~' £ 3 og ~@ 1 s y6~ $1 93§~ z~ ~i~ c~ W fsl S ow Qe L,Q NU M ~~ oC q F" Cl w ~z ^+F F Q °+ U E%ISTING RWfIfASGIA /~~ NEW SLAIN TO NATCM EXIST. ~Y/ /1 C/ R~l _ ~."awl n~ !~~j<. /o = _.-_ --._ _ - - _...__.___ __ _- 12/6/00 ..vow. r......... ~,... ... .w.~...ww (7 ~ ~ ~ _ „__. _.- __- -.... __._ _ __ _ nalce ~ ~.~'- E%6TING WIUpOW ~ NEW AlUNR1UM CLASS DTamtra .m.w,.,~~., r,„,„,,,„.,~,~ ro REMNN, iYP. ~ ~o%s (rDMPEREO) n( TORRE DRIVE [XISTING OMU WALL ANOD. BRONZE ERAME t0 RCMAIN. TYP. MEW ALUMINUM GLA55 SOUTH ELEVATION DOORS AND WINDOWS IN SOME I/16" = I'-0° AN00. BRONZE CflAIIL r ~ ~ ---- g- r--- ~-; __ .._ r_~ ---t--~ c+ ~ ~~ ~rj) 1 I J f ~~ ;tj~~ _ ~, i~? v- L-`iE ~~ E 3 ~ -~ '~ v: ;~ 'S ~~ i ~;, f r..e i C ti~ ~ .L E i =~~~ i a : ,.. ~~ „z .~ j e 4 _~ i ~i ,.. x t