U-1987-49bCit4 of CNperti"o
10300 Torre Avenue
Cupertino, California 95014
Telephone: t408) 252.4505
OFFICE OF THE CITY CLERK
November 19, 1987
Daryl Fazekas
21710 Stevens Creek Boulevard, #120
Cupertino, CA 95014
CITY COUNCIL ACTION - APPLICATION 49-U-87
P.O. Box 580
Cupertino, California 95015
This will confirm the action by the City Council at their meetinr3 of
November 16, 1987 at which your Application 49-U-87 was approved per
Planning Commission Resolution No. 4006.
The use permit expires November 15, 1989 (Section 6.4 of Ordinance No. 652
as revised by Ordinance No. 1136).
Sincerely,
All
ii ROM CORNS, CMC
CITY CLERK
cc: Deparhff&nt of Planning and Development`
Bill McBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Audrey Tsang
1645 Willow St., 2nd F1.
San Jose, CA 95125
49—U-87
C I T Y O F C U P E R T I N O
10430 S. De Anza Boulevard
Cupertino, California 95014
RESOLUTION No. 4006
OF THE PIJVUMIG 03OUSSION OF ZUE CITY OF OJPElZrn70
RECOMMENDING APPROVAL OF USE PER= TO OONVERT AN EXISTING
OMIERCIAI/WAREEiOUSE BUILDING M OFFICE/OM4 R=M
USES AND TO CONSTRUCT ASSOCIATED SITE AND BUIIDING MODIFICATIONS
SECTION I • FINDINGS
WHEREAS, 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
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 of the
City 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.
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 systen.
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 uses, nor injurious to
property and .improvements in the neighborhood.
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 reconnended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the suboonclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 49-U-87 as set forth in the Minutes of the Planning
Commission Meeting of November 9, 1987, and are incorporated by reference
as though fully set forth herein.
RESOLUTION 110. 4006 (49-U-87) 11/09/87
PAGE- 2-
SECTION II: PRCOECT DATA
Application No(s) 49-U-87 and 50-EA-87*
Applicant: Daryl Fazekas
Property Owner: Audrey Tsang
Location: South side of Stevens Creek Boulevard.
armroximately 500 ft, west of Blanev Avenue
SECTION III: CONDITIONS ACMQIISTERED BY THE PUBLIC WORKS DEPARRt4a1T
1. STREET WIDENING
Street widening, inprovemsits and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2. CURB AND GUTIER II4PROVEI ff1V IS
- Curbs and gutters, driveways, sidewalks and related structures shall
be installed in accordance with grades and standards as specified by
the City Engineer.
3. STREET LSGHTING 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 maxb= height permitted
by the zone in which the site is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGHS
Traffic control signs shall be placed at locations specified by the
City.
6. STREET 212EES
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the City in accordance with Ordinance 125.
7. GRADING
GradiM shall be as approved and required by the City Eh9ineer in
accordance with Ordinance 125.
RESOilTTION NO. 4006 (49-U-87) 11/09/87
PAGE - 3 -
a. DRP.INAGE
Drainage shall be provided to the satisfaction of the City Engineer.
surface flow across public sidewalks may be allowed in the R-1, R-2
and R-3 zones unless storm drain facilities are deemed necessary by
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.
9. WDF3ZGfM M UTILITIES
The developer shall ccuply 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.
10. DEVETOPNEW AGREE2dENP
The project developer shall enter into a development agreement with
the City of Cupertino providing for payment of fees, including but not
limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
11. TRANSFOREPS
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.
12. PEDESTRIAN EASENffNT
Pedestrian easements over the sidewalk area shall be recorded against
the subject property prior to issuance of building permits.
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RESOLUMON 110. 4006 (49-U-87) 11/09/87
PAGE - 4 -
SECPION IV: COND=ONS ALEMSTERED By THE PLANNING DEPAi7IMEIdP
13. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A 1st Revision, B,
C 1st Revision, and Info. of Application 49-U-87, except as may be
amended by the Conditions contained in this Resolution.
14. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning conmiission.
If the Director finds that the requested oranges are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said chaMes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
Member of the city Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
15. TRIP CONSTRAINT
Lard Use intensity shall be limited to an intensity that will not
generate more than sixteen (16) on way, trips per acre during the peak
traffic hour. For purposes of ensuring compliance with the Traffic
Intensity Performance Standard, the following accounting of trips is
hereby incorporated into the project approval:
TRIPS GENERA1ED BY PR WECT: 16.8
TRIPS ALLOCATED TO PR:QTECT SITE: 16.8
SURPLUS TRIPS: 0
RESOLUTION NO. 4006 (49-U-87) 11/09/87
PAGE - 5 -
In the event that a development does not utilize the full 16 trips per
acre allotted by the trip end performance standard, the owner of
record shall have the ability to retain, sell or transfer trips with
other property owners within the the Traffic Intensity Performance
Standard Area. All sales or transfers of trips shall be filed with
the Director of Planning and Development and the City Clerk. No sale
or transfer shall be considered finally cwnstm eted until a Use Permit
has been approved for the property to which the trips are to be
applied.
The developer shall record a covenant to describe the trip acre
constraint and the total number of trips allocated to the particular
development at the time of development approval. The covenant shall
appropriate wording to suggest that future purchasers of the property
consult the individual Use Permit file to obtain an updated status
report of the total number of trips allocated to each particular
ply
16. APPROVED USES
Approval is granted to utilize the 11,300 square foot building in the
following manner:
COMMERCIAL 5,500 Sq. Ft. Maximum
OFFICE 5,800 Sq. Ft. Minimum
17. USE IS2,IITATI0NS — (GENERAL COMMERCIAL)_
Permitted uses may include all uses allowed without the securing of a
Use Permit in the City of Cupertino CG (General Camnercial) zoning
district. All other uses requiring Use Permit review in the CG zone
shall require Use Permit review in the subject Planned Development
Zone.
18. LANDSCAPE REVIEW
The applicant shall submit a conprehensive landscape planting plan for
informal review by the Architectural and Site Approval Committee prior
to issuance of building permits. Plans shall be consistent with the
Stevens Creek Boulevard Sidewalk and Landscaping Standards.
19. Ftln[JRE INGRESS/EGRESS EASEMENT
The applicant shall sign an agreement to participate in a reciprocal
ingress/egress easement with the adjoining property owner to the west
when said property owner is obligated to participate in a similar
agreement.
The applicant shall submit a draft agreement to staff for approval
prior to recordation. The agreement shall be recorded prior to
issuance of building permits.
RESO=ON NO. 4006 (49-U-87) 21/09/87
PACE - 6 -
No public address system or paging system, powered megaphone or
similar noisenakirxj device shall be permitted outdoors at any time.
PASSED AND ADOF= this 9th day of November, 1987 at a Pagular Meting of
the Planning Commission of the city of Cupertino, State of California, by
the following roll call vote:
AYES: CMaSSICNERS: Adams, Claudy, Sorensen, Szabo,
and Chairman Mackenzie
NOES: CMUSSICNERS: None
ABSTAW: CON nWIONERS: None
ASSENT: CC[-MSSICNERS: None
ATTEST:
/s/ Robert Cowan
Robert Cowan
Director of Planning
RES49U87(RANDY)
Isl Donald Mackenzie
Don Mckenzie, Chairman
CL;pertino Planning Cmmission
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