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U-2005-11b10300 Torre Avenue Cupertino, CA 95014 CITY OF (408) 777-3308 CUPET DFAX (408) 777-3333 1\1 INO Community Developnient Department September 20, 2005 Mr. Thomas Harrington 105 Fremont Avenue, Suite B Los Altos, CA 94022 SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2005-11, ASA - 2005 -07 This letter confirms the decision of the Planning Commission, given at the meeting of September 13, 2005, approving a use permit and an architectural site approval to construct a 1,774 square foot commercial building addition and renovation of an existing commercial building, located at 22350-82 Homestead Road, according to Planning Commission Resolutions Nos. 6320 and 6321. Please be aware that if these permits are not used within a two-year period, they shall expire on September 13, 2007. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, Colinhng Senior Planner G:�Planning\ Post Hearing\ Action Letters �2005\ action letter u20051 I, asa200507 U-2005-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 35014 RESOLUTION NO. 6320 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT A 1,774 SQUARE FOOT COMMERCIAL BUILDING ADDITION AND RENOVATE AN EXISTING COMMERCIAL BUILDING AT 22350-82 HOMESTEAD ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section 11 of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements:. 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, 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 approved, 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 No. U-2005-11 as set forth in the Minutes of the Planning Commission Meeting of September 1.3, 2005, and are incorporated by reference as though fully set forth herein. Resolution No.6320 U-2005-11 September 13, 2005 Page -2- SECTION 11: PROTECT DESCRIPTION Application No.: U-2005-11 Applicant: Thomas Harrington Location: 22350 - 82 Homestead Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1, APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled: "Homestead Shopping Center Tenant Improvement, 22350 - 22382 Homestead Road, Cupertino, CA" dated 09/08/05 and consisting of 3 sheets labeled Al through A3, except as may be amended by the Conditions contained in this Resolution. 2, SHARED PARKING Prior to building permit approval, the applicant shall enter into a recorded parking agreement to share parking between the adjacent commercial properties. The form and content of the agreement shall be reviewed and approved by the City Attorney prior to recordation. 3. RECIPROCAL INGRES5AGRESS EASEMENT Prior to building permit approval, the applicant shall record an agreement to participate in reciprocal parking and ingress/ egress easements between the project property and the adjacent property to the west (APN's 326-01-026 and 326-01-027), to be implemented at such time that the City can require the same of the adjacent property owners, subject to approval of the City Attorney. 4. ALLOWANCE FOR PARKING DEFICIENCY Applicant is allowed to have up to 50 additional seats in the building for a new restaurant or specialty food retailer. 5, DESIGNATION OF PARKING SPACES Applicant shall direct employees to park in the more distant parking locations of the shopping center. Parking spaces in front of building shall be designated for customer use, 6. POTENTIAL FUTURE TRAFFIC ANIS PARKING PROBLEMS If staff identifies parking or traffic problems associated with the project within one year of building occupancy, staff shall schedule a Planning Commission use permit amendment hearing to identify and implement potential solutions to correct said problems. Resolution No.6320 U-2005-11 September 13, 2005 Page -2- 7. DRIVEWAY MODIFICATIONS The applicant shall modify the plan set to provide a free right turn exiting the driveway even if it removes parking stalls. S. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 9. SIGNAGE New signage shall be developed for all building tenants and the ground sign, which is consistent with the City's sign ordinance. The Director of Community Development shall review and approve the new sign program. SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 10. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications as required by the City Engineer. 11. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 12. STREET LIGHTING 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 maximum height permitted by the zone in which the site is located. 13. FIRE HYDRANT Fire hydrants shall be located as required by the City, San Jose Water Company and Santa Clara County Fire. Resolution No.6320 U-2005-11 September 13, 2005 Page -2- 14. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 15. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 16, DRAINAGE Drainage shall be provided to the satisfaction of 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. 17. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City and Santa Clara County Fire. 18. 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. 19. TRANSFORMERS 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. 20, DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 21. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans must be included in your building plan submittal. Resolution No.6320 U-2005-11 September 13, 2005 Page -2- 22. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department (Contact Lavenia Millar at 777-3242). Clearance by the Public Works Department is needed prior to obtaining a building permit. 23. MAINTENANCE EASEMENT The developer must enter into an agreement with the City to maintain all non- standard items in the public right of way. PASSED AND ADOPTED this 13th day of September 2005, at a regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Giefer, Chen, Vice -Chair Miller, Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Saadati UNW1._01 /s/ Ciddy Wordell Ciddy Wordell Acting Director of Community Development G: Cry pertinolPlanninglPDReportIRESIU-2005-11 APPROVED: s Gilbert Won Gilbert Wong, Chairperson Planning Commission U !IR !N I Multi-Famify Residential 40'-0" wide per 7811 1384, O.R. 7811 /3600. R. Parcel Utility Easement. Legend Area of new construction Area of landscaping �y o�. �m HoLead Rd site r g z Data Retail A.P.N 328-01-018 Zoning P (CG) Code CBC 2001 OcouPanoY M, B, A3 Type of Construction V -N No. of Storles 1 Sprinklered No Allowed et opo Land l.ise General General General Commercial Commercial Commercial Lot Size 32,272 s.f. 32,272 s.1. ft Tenants 5 7 Building Heightx 17'•9" t 1r-9" r t Towe24'-10" �!� Fl r Area zaltaya Tanuki 2,26e s.f. 1,046 s.f. Japaneses, Restaurant 78 seats + bar) and 1,223 s.f. Mailien Beauty Salon 595 s.f. 595 81 Af Pearibeila Jewellery 1,016 s.f. 1,016 s.f. e L 1 r1�Curves Fitness Center 1,079 s.f. 1,079 s.l. China Shuttle (48 seats) (48 seats) Future coffee shop Planning Resubmittal 1,774 s.l. Tout 7,346 st. 9,119 S.T. Planning Submittal Planning review L area 955 S'11.2,685 61 No. Revision P area 23,972 s.f. 20,488 s.i. .. "� FI r Area Ratio Exi 'ng Floor Area Ratio = Floor Am, - 7 9A5 s Y. x 100 = 22.7% Site Area 32,272 s.f. Pro Floor Area Ratio = Ron Aram = 91191%f x 100 = 28.3% Site Area 32,272 s.f. oacArea Area_of_pinpossd c=tnwA'nn = 1,714_s.ix 100 = 24.2% Area of existing construction 7,345 s.f. Pro Landscaping = Lans�pimg.afaa =2 665_9 L x 100 = 8.3% a _,, .W ,...a. .......«... * .� —.«. Site Area 32,272 s.f. Proposed Paving = Paving area = 20 4As s f x 100 = 63.5% Proposed Site 1" = 20'-0" 1 Homestead Shopping Center Tenant Improvement 22350 - 223 82 Homestead Road Cupertino, CA 94014 M, john miller architects Arebiwa.., Nanuiu8 Iteatatetion. Interiors I00 V i— strr.t, SWk ?n3 T 650,96"5oo Mountain Vices. CA WWI F. 610960.4556 Proposed Site Pian :'2t)1M John Scale: rchi1M 41A � � $C89: As Noted File: HH she plan / option A Job #112B Directory Homestead Shopping Center 22350 - 82 Homestead Road Cupertino, CA 95041 Owner Harrington Properties 105 Fremont #B Los Altos, CA 94022 (650)941-5221 Tenant Improvement Architect John Miller Architect, AIA 100 View Street, #203 Mountain View, CA 94041 (650) 960-0500 Location Mao �y o�. �m HoLead Rd site r g z Data Retail A.P.N 328-01-018 Zoning P (CG) Code CBC 2001 OcouPanoY M, B, A3 Type of Construction V -N No. of Storles 1 Sprinklered No Allowed et opo Land l.ise General General General Commercial Commercial Commercial Lot Size 32,272 s.f. 32,272 s.1. ft Tenants 5 7 Building Heightx 17'•9" t 1r-9" r t Towe24'-10" �!� Fl r Area zaltaya Tanuki 2,26e s.f. 1,046 s.f. Japaneses, Restaurant 78 seats + bar) and 1,223 s.f. Mailien Beauty Salon 595 s.f. 595 81 Af Pearibeila Jewellery 1,016 s.f. 1,016 s.f. e L 1 r1�Curves Fitness Center 1,079 s.f. 1,079 s.l. China Shuttle (48 seats) (48 seats) Future coffee shop Planning Resubmittal 1,774 s.l. Tout 7,346 st. 9,119 S.T. Planning Submittal Planning review L area 955 S'11.2,685 61 No. Revision P area 23,972 s.f. 20,488 s.i. .. "� FI r Area Ratio Exi 'ng Floor Area Ratio = Floor Am, - 7 9A5 s Y. x 100 = 22.7% Site Area 32,272 s.f. Pro Floor Area Ratio = Ron Aram = 91191%f x 100 = 28.3% Site Area 32,272 s.f. oacArea Area_of_pinpossd c=tnwA'nn = 1,714_s.ix 100 = 24.2% Area of existing construction 7,345 s.f. Pro Landscaping = Lans�pimg.afaa =2 665_9 L x 100 = 8.3% a _,, .W ,...a. .......«... * .� —.«. Site Area 32,272 s.f. Proposed Paving = Paving area = 20 4As s f x 100 = 63.5% Proposed Site 1" = 20'-0" 1 Homestead Shopping Center Tenant Improvement 22350 - 223 82 Homestead Road Cupertino, CA 94014 M, john miller architects Arebiwa.., Nanuiu8 Iteatatetion. Interiors I00 V i— strr.t, SWk ?n3 T 650,96"5oo Mountain Vices. CA WWI F. 610960.4556 Proposed Site Pian :'2t)1M John Scale: rchi1M 41A � � $C89: As Noted File: HH she plan / option A Job #112B A RP RcOVAL 1A'' &)DC .�. AppAwatme hawks• �— New tower similar to Trader Joe's Stucco finish to tower Metal mesh panel Wood trellis Wood beamLC 2" Reveal Signage per signage ordinance Signature Inset tile medallion CnSG pith Wali mounted lighting O O Retail Coming Soon O Retail ConAng Soon O Moilien Beauty Salon O IwrCbeila�ewe� O Cu :1 O O a o 0 a o a - . . `Solum well stucco Deep window sill for seating ��Column: stuccoucco finish Folling window E.1,F.S. Trim Tile wall base Signage as per signage ordinance New Existing Existing trees to be removed I ` Imo• =--�� Gas Meters ' 4, I K+ i.>��61�1•� 0 4 d P ®e/■_ iPp!1V f as-�9 ►�;,� eA Qi•+ 4.`!s New Coffee Shop ;{ > r, i1Z above Brick pavers Vine Partial Floor Plan Scale: 1/8"= V-0" Concrete sidewalk —' mete sidewalk i integral rust odor Wood beam 1 Shaped wood beam Signage Wood latdc screen over existing stained glass windows r— E.I. F.S THm Column: sitxcm finish West Elevation Paneldmor Scale: 1)8"= V -O" Tile moulding 4 Now parapet wall cap Existing parapet wall Existing roofing 2" Reveal a r Stucco finish of Existing roof framing +t existing framing .i t, (e) Mansard to North Elevation Scala: 1/8"= V -O" Homestead Shopping Center 22350 - 82 Homestead Road Cupertino, CA 95041 Tenant Improvement Planning Resubmittal 09.08-05 Planning Submittal 06-27-05 Planning Submittal 06-26-05 No. Revision Deft M,� john miller architects Amhivaurr, Hanning. Rcaomti— Imeri— 100 V sew Stmel, Saito 2W T: 650.960-0500 Maaatain View, CA'A"I F 650.960,0555 Partial Floor Plan, Elevations & Section A31051,,at Miller, Architect AIA �� Scale: As noted File: HH ext elev / option C Job #1128 E Izeksys Tanuki Mailien VL Perlbella Curves Fitness China Shuttle Japanese Restaurant 2,269 91 595 s.t. M Jewellery 1,01661 Center 1,079 s.f. 2,386 s.f. 78 seats & bar 48 seats M A3 A3 A3 Access Easement: 40'-0" wide per 7811 1364, O.R. 7811 / 360 O.R. Parcel 3 / 1 A rPROVAI. �►�altt.a.eweitrrw �1 ►1e;e Signature Casa aser Homestead Shopping Center 22350 - 82 Hon»et"d Road Cupertino, CA 95041 Tenant Improvement I - I Planning aubmlttat 06.28-05 john miller architects Aa6ueem., Plamiug, Banowioa latedoa 100 V iew Sus , Suite XD T: 650.%00.0500 M—Wt View, CA 44691 F: 650.%aas 5 Existing Site Plan 7dllaf loon Scar,-yrcnt*ecc run Scale: 1" = 20'-0" A 3 mom, File; = Job ;0'1128