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U-1983-39b39-U-83 EDWIN MYERS (BYER) 3 9-U-8: RESOLUTION NO. 22474 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ADD APPROXI- MATELY 5,300 SQ. FT. TO AN EXISTING COMMERCIAL CENTER AND CONSTRUCT A NEW RETAIL COMMERCIAL BUILDING CONSISTING OF 3,600 SO. FT. APPLICANT: Edwin J. Myers (Allan G. Dyer) ADDRESS: 10601 South De Anza Boulevard, Cupertino, California 95014 SUBMITTED: November 30, 1983 LOCATION: East side of South De Anza Boulevard approximately 350 ft. north of Bollinger Road and 1225 ft. south of Silverada Avenue. ---------------------------------------------------------------- FINDINGS AND SUBCONCLUSIONS: Approval is subject to the findings as set forth on Page 1 and subconciusions as set forth in the minutes of the Planning Commission meeting of January 9, 1984_ CONDITIONS: 1-14. Standard _Conditions Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. 15. Angrav_ed_E;_hibits The approval is based upon Exhibits A and B of Application 39-U-8- as may be amended by additional conditions contained herein. 16. Permitted_Uses Permitted uses may include all uses allowed without the securing of a use permit in the City of Cupertino CG (General Commercial) zoning district. All other uses requiring use permit review in a CG zone (including fast-food restaurants) shall require use permit review in the subject Planned Development zoning district. 17. LandscaEe_Refi ew The applicant hall return to the Architectural and Site Approval Committee for informal review of detailed landscaping plans. -1- planning Commission Resolution No. -2474 (cont ' d ) 0 ic'Z. Sigt'3_Er_ogcam The proposed Shopping Center sign applicant shall return to the Approval Committee for review of a 19. Reci.pnggg _Easements The applicant shall record a co and future property owners ingresslegress easements with the the south and north at such time in can require the same agreement owners. 20. Sound Wall 9-u-SL is not approved. The Architectural and Site sign program. venant obligating existing to provide reciprocal adjoining properties to the future as the City of the adjoining property The applicant shall repair or replace any sections of the sound wall which are cracked or in a state of disrepair. A 6 ft. high sound wall (measured from highest point of adjoining finished grade) shall be installed along the north property 'Line adjacent to the rear yards of the existing homes on Silverado Avenue. 21. I nt er i or _Pr oper_t y-Lines The applicant shall erase all existing interior property lines. Minor -Changes In the event that the applicant or subsequent property owner desires 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 of Planning and Development 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 of Planning and Development may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the .Planning Commission. If the changes are material, the Director of Planning and Development shall submit the change to the Planning Commission for approval. If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance No. 65? of the City of Cupertino. If the change is approved, an appeal may be made by an interested party. Further, any ® ,Member of the City Council may request a hearing before the Council, said request to be made within ten (10) days from date of approval - when the change has been approved by the Planning Commission. Planning Commission Resolution No. 2474 (cant"d) 39-U-83 LJ 23. Emeloyee_Ran ing In order to encourage greater use of parking areas next to the Regnart Creek Flood Control Channel, the south facing elevation of the east wing elevation depicted on Exhibit B shall contain windows and a public entrance. 24. Emoloyee_Parking The applicant shall encourage employees to utilize the easterly parking lot located to the rear of the existing retail building. 25. Architectural _and_Site_Aeerov_al_Committee_Review The Architectural and Site Approval Committee shall review the design and placement of trash enclosures for the entire site. A ------------------------------------------------------------------ PASSED AND ADOPTED this 9th day of January, 1984, 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, Claudy, Koenitzer, Szabo, Chairperson Blaine MAYS: None ABSTAIN: None ABSENT: None ATTEST: . APPROVED: /s/ James H. Sisk /s/ Sharon Blaine ------------------------ -------------------------- James H. Sisk Sharon Blaine, Chairperson Planning Director Planning Commission -3- 61 10100 lorre Avenue Cupertino, California 95014 Telephone : 14001 252-4505 OFFICE OF THE CITY CLERK February 9, 1984 Edwin J. Myers, Architect 10601 S. De Anza Boulevard Cupertino, CA 95014 CITY COUNCIL ACTION Cites of Cwperti►io P.O. 00. 500 Cupertino, Calilurnia 95015 This will confirm the action by the City Council at their meeting of February 6, 1984 at which your Application 11-Z-83 was approved per Planning Commission Resolution No. 2473. Application 39-U-83 was approved per the following conditions: Standard Conditions 1-14. Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. Approved Exhibits 15. The approval is based upon Exhibits A and B of Application 39-U-83 as may be amended by additional conditions contained herein. 16. Permitted Uses Permitted uses may include all uses allowed without the securing of a use permit in the City of Cupertino CG (General Commercial) zoning district. All other uses requiring use permit review in a CG zone (including any food type use) shall require use permit review in the subject Planned Development zoning district. 17. Landscape Review The applicant shall return to the Architectural and Site Approval Committee for informal review of detailed landscaping plans. 10. Sinn Program The proposed Shopping Center sign is not approve. The applicant shall return to the Architectural and Site Approval Committee for review of a sign program. 19. Reciprocal Easements The applicant shall record a covenant obligating existing and future property owners to provide reciprocal ingress/egress easements with the adjoining properties to the south and north at such time in the future as the City can require the same agreement of the adjoining property owners. 20. Sound 'Wall The applicant shall repair or replace any sections of the sound wall which are cracked or in a state of disrepair. A 6 ft. high sound wall (measured from highest point of adjoining finished grade) shall be installed along the north property line adjacent to the rear yards of the existing homes on Silverado Avenue. 21. Interior Property Lines The applicant shall erase all existing interior property lines. 22. Minor Changes In the event that the applicant or subsequent property owner desires 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 of Planning and Development 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 of Planning and Development may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If the changes are material, the Director of Planning and Development shall submit the change to the Planning Commission for approval. If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance No. 652 of the City of Cupertino. If the change is approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the Council, said request to be made within ten (10) days from date of approval — when the change has been approved by the Planning Commission. —2— 23. Employee Parking In order to encourage greater use of parking areas next to the Regnart Creek Flood Control Channel, the south facing elevation of the east wing elevation depicted on Exhibit B shall contain windows and a public entrance. 24. Employee Parking The applicant shall encourage employees to utilize the easterly parking lot located to the rear of the existing retail building. 25. Architectural and Site Approval Committee Review The Architectural and Site Approval Committee shall review the design and placement of trash enclosures for the entire sire. The expiration date for the use permit is February 6, 1986 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, Z9 U--LAt-'(14l�tYx_. - �_ 1� /�✓1, 1 DOROTHY CORNELIUS CITY CLERK rw cc: Department of Planning and Development Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Allan G. Byer 66 Potrero Avenue San Francisco, CA 94103 —3— 0 VA 71 T To x r vrw w+o+�lr �oLJTH .Z: w Wr FlrRes M - -m-: Ilia I -�� WIC 111111 CITY Of: Cj;--:-;O APPLICAT;ON N PIC "Us0l-u-c-1. DATE; 1:m LIU Dm I GP &,n-. L2 ZL MESSR F-- 11 SHEET 2' atvnw aaq eurtV.♦ lloDw.u:- �,�+ FAL- Nei :Z sa.al I. s ....... DT ..a....s �. .,.•....� e...� e..ce,FCm+nwt MH ra a�•w,w� �•wn,..•s (xi.wo To ee. K✓T% <a,.n... � LL.awn.... .cuar� Eull�,0 .►w wD I..w.rn,e .. aE. r«�.�+T. sane. ,..w .•.�••. tri► 4"D. T. !►e/wDT+..D ,r 7uvar.lre Wv.Es Ia�.L �afY e�OY Ka}L1MI.T as.,AaV �. gaaEJ.�T✓a a.a...s tray M W.�.M aaupL ♦MD ARM MYKL I.M. D.Ww. NPy t=---•-•eat .ua. c.+Actw w ea. �snsrao .� +III v.rr. �.�.w � rM.s�. M.r. M GTY Y4b.•Y. � Rat. T! .@.uaq n,.. D�..n T++. w K •1..'s ied uarc. wHa..Y, r.naO, o I - _I I � C— ' f--- L..-NO v5ei IE/,Qf,tl lPaq>.jlt.�i•+� �.�vt FCT.WL acs l'xl Wrrs++N+•r512) 2T S+i be'L I9..acl le bw rrb� e 'Dr�lf 91726-i 24i TF,w GPO,u4fo.+ Faawav •}D s. F'Earafs, w` GfiC3YP.rl.1� 14s46� Tf. aaq 12o�oir Imp iF�A�INb ANALYSIZ �� ►Jf f4TfiS GL.Y<IHb Sib a�.a�� "' .•+CW RLQIJRJO L#AWFI'J -. �i.t.�a9 PP..�Ea Mac11 S:. G•PVtff LTd�le�: 7 — -T vwce (Ydtle'J� - jl- � `I ¢ll �,�.r-Iry %•-�•i 10 Q RewUcrrre I:?'� 226 ..p.d. S- Qgl �.H..a.,D...T ISL�Oa,a•I, Er•wge/ .�� � `�a > ynyd l� lnE',EAIII W C N of C1Npertil"o 10300 Torre Avenue Cupertino, CA 95014.3255 Telephone: (408) 252.4505 TAX: (40B) 252.0753 COMMUNITY DEVELOPMENT September 29, 1992 Frank and Rosalind Cardia 10594 S. De Anza Blvd. Cupertino, California 95014 Subject: Application 28-ASAC-92 Prank and Rosalind Cardia P.O. Box 580 Cupertino, CA 95015.0580 Tile subject application appeared on the Architectural and Site Approval Committee agenda for September 28, 1992. However, the Committee took no action on this matter due to your request for a continuance. Accordingly, this item has been continued to the next regular meeting of the Committee on October 12, 1992. Please plan to join us on that date at 7:30 p.m. in City Hall, Conference Room A. Sincerely, Zy Thomas R. Robillard Planner II MSW/L7'Cardia Ohl of Cwtvi-ti»o 10300 lwe Avenue Cupertino, CA 95014.3155 TrIcpl one: 14081 252.4505 TAX. 1400) 252-0-53 COMMUNITY 131%ELOPMENT October 2, 1992 Frank and Rosalind Cardia 10594 S. De Anza Boulevard Cupertino, CA. 95014 Re: Use of temporary storage container. Mr, and Mrs. Cardia: P.o. 11— 580 Cupertino, CA 95015.01,80 In accordance with Chapter 19.31 of the Cupertino Municipal Code the Director of Community Development will grant approval for one temporary storage container to be used by your store with the following conditions. 1) Use of the container is valid for one year from the date of final approval by the director with the possibility for a one year extension. 2) The container appearance and placement needs to be reviewed by the Architectural and Site Approval Committee. 3) The floor area ratio is not to be exceeded and the parking requirements for the center are not to be diminished. 4) Storage of materials in the container are to be directly related to the retail sales of plumbing fixtures. The rear of the center is not to be used as a contractor yard. A meeting before ASAC has been scheduled for October 12, 1992, at 7:30 P.M. The floor area ratio is not being exceeded, and as long as the container is not removing any parking spaces, the required number of parking spaces for the center will not be impacted. If you Have any questions please call me at (408) 252-4505. Sincerely, II City o •Cupertino Thomas R. Robillard Planner II City of Cupertirw 10300 Torre Avenue Cupertino, CA 95014.3255 Telephone: (408) 252-4505 FAX: (400) 252-0753 COMMUNITY DEVELOPMENT October 18, 1993 Frank and Rosalind Cardia 10594 South DeAnza Boulevard Cupertino, California 95014 Subj: Use of Temporary Storage Container Dear Mr. and Mrs. Cardia: P.O. Box 500 Cupertino, CA 95015-0580 This is a reminder that the temporary permit valid for one year expired on October 12, 1993. Enclosed is the October 2, 1992, letter from Tom Robillard wherein he indicates that you may request a one year extension from the Planning Director. If you choose to request a one year extension that request should be submitted within five working days or the storage container must be removed within that same time frame. If you have any questions, please do not hesitate to call the Planning Department. Sincerely, Cupertino Planning Department g:/mm1eturs/cvdia2 CITY OF CUPERTINO 10300 Torrc Avcnue, Cupertino, California 95014 (408) 252-4505 To: Mayor and City Councilmembers Chairman and Planning Commissioners From: Robert Cowan, Director of Community Development ILS— Date: November 18, 1993 Subj: REPORT OF DIRECTOR'S DECISION REGARDING PLANNING APPLICATIONS Chapter 19.31 of the Cupertino Municipal Code provides for administrative approval of minor changes in projects. The Director reports his decision to the City Council and Planning Commission in time to allow any Councilmcmbcr of Planning Commissioner to appeal the decision Application Application to 39-U-83, Rosalind Cardia, 10594 S. De Anza Boulevard Description A request for a one year extension of a temporary storage building. Action The Director of Community Development deems the modification minor and approves the change. The approval is eIIbctive November 18, 1993. The fourteen calendar day appeal period will expire December 2, 1993. Enclosures: Letter of October 2, 1992 from Thomas RobilLud Exhibits showing storage shed g:Vmm4eportkardia Zit-4 of C"wrtino 10100 Tore Avenue Cupertino, CA 95014.3255 Telephone 1408) 25.14505 FAX i408. 252-0753 DEPARTMENT OF THE CITI CLERK January 26, 1994 Susan Adrian 20408 Clay Street Cupertino, California 95014 CITY COUNCIL ACTION - APPEAL OF DIRECTOR OF COMMUNITY DEVELOPMENT'S DECISION TO GRANT A ONE YEAR EXTENSION OF A TEMPORARY STORAGE BUILDING LOCATED AT 10594 SOUTH DEANZA BOULEVARD PER APPLICATION NO. 39-U-83 - ROSALIND CARDIA (BYER PROPERTIES, PROPERTY OWNER), EUGENE AND SUSAN ADRIAN, APPELLANTS At their regular meeting of January 18, 1994, the Cupertino City Council affirmed the Planning Directors decision to grant the one year extension (expires October 2, 1994). City staff was directed to initiate a public hearing to evaluate the General Commercial zone and performance standards. Council also directed that no prosecution regarding the plumbing activity at this address will be considered until after a review of the ordinance and clarification of the types of activities allowed in the General Commercial zone. If you have any questions regarding the conditions of approval, please contact the Department of Community Development staff members for clarification. Sincerely, MINI MARIE SMITH CITY CLERK