U-1988-15bCit-H of Cwperti"o
10300 Torre Avenue
Cupertino. California 95014
Telephone: (408) 252•4SOS
DEPARTMENT Of THE CITY CLERK
October 6, 1988
Jahn Christensen
1471 S. Saratoga -Sunnyvale Road
QTeztiro, CA 95014
CITY CCL NCM ACr1CN - APPMCAMCN 15-U-88
P.O. Boa 580
Cupertino, California 95015
This will confiaa the actin by the city Council at their meeting of
September 19, 1988 at which your Application 15-U-88 was approved per the
following oaiditims:
•• • • '--• as s•1a• :� asi_ �a _ • a •. raI�«a�tiia�
-as . ry:••.iati�� •:at• Iv�l •
Street widening, imprvverx�, and dedicatims shall be in aoconiance
with City Standards and specificatims and as required by the city
Engineer.
NNEL64J.": • e a, . 1-•.• a to
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades aid standards as specified by the City
Engineer.
sidewalks shall be installed in a manner which allows a minimum of
five (5) feet of sidewalk area which is unobstructed. This may
require a sidewalk easement c>n private prcperty.
r.j IlU
Street lighting fixtures shall be installed as directed by the City
Engineer. All an and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maximum
height permitted by the zone in which the property is located.
ifall .-
Fire hydrants shall be located as required by the City.
Traffic control signs shall be placed at locations specified by the
city.
• K��*A=_ s�
Street trees shall be planted within the Public Right of Way as
required by the city engineer.
Grading shall be as ired
the
in
accordance with Ordinance 214(ed a). The building permit ppllan�set. sha11
include details for repair of all on -site asphalt surfaces, and
com�ec-tim of an -site drainage devices to the city at— drain system.
r::_rs►Ln�
Drainage shall be provided to the satisfacticn of the City Engineer.
The applicant shall be responsible for eanplyirg with the requirements
of the Underground Utility Ordinanc:e No. 331 and other related
ordinances and regulations of the City of Oupertino, and shall make
the necessary arrangements with the utility caryxinies involved for the
b-stallaticn of said facilities. The applicant shall submit a
detailed plan showing utility undergrumd provisions. (This plan must
have prior approval of the utility companies and the City Engineer.)
The applicant shall be responsible for o®pleting the site as shown on
approved plot plan and shall be required to enter into a development
agreement with the City of Cupertino providing for payment of
necessary fees, including but not limited to checking and inspection
fees, storm drain fee, and underground utility fee. Said agreement
shall be executed prior to the issuance of a building permit.
Electrical and telephone transformers shall be sc:ree•ned with fencing
and landscaping, or tiudergrounded, such that they are not visible from
public street areas.
Sidewalk improvements shall conform with Condition 24(C) of 26-Z-81,
and shall include appropriate transitions to the existing rmnolithic
walks on the adjoining sites. The final aligiment of said sidewalk
shall be structured to enable preservaticn of the existing Tvergreen
tree on the site frontage. The sidewalk plan shall include a paved
surface at the existing bus stop for the convenience of passengers
entering or leaving transit vehicles.
The applicant may enter into a deferred agreement to install the new
sidewalk. The new sidewalk stall be installed when the sites to the
south or north redevelop requiring a new sidewalk.
• a�na, y� a is
Pedestrian easements over the sidewalk area shall be prepared by the
developer, approver by the City Attorney and recorded against the
subject property prior to issuance of building permits.
The reoonnmendation of approval is based on Wiibits A 2ni. Rev., B
1st. Rev., Info. 1st. Rev. and Info. 1 of 15-U-88 except as may be
amended by the c>rrditiens contained herein.
••.a �; M �.y • •., :_ifi��jla• rya •- ia� 2:.�1
In the event that the applicant or subsequent property owner shall
desire to make any minor dhange, alteration or amendment in the
approved development plan or building permit, a written request and
revised development plan or building permit sha11 be submitted to the
Director of Planning and Development. If the Director makes a finding
that the changes are mirror and do not affect the general appearance of
the area or the interests of wnars of property within or adjoining
the development area, the Director may certify the Change on the
revised plan. If such approval is withheld, the applicant may appeal
to the Planning co missien.
If the changes are material, the Director shall submit said changes to
the Planning C,aaissicn for approval. If the cha M is denied by the
Planning Commissicn, the applicant may appeal to the city coui>cil as
provided in ordinance 652 of the City of Cupertino. If the change is
approved, an member of the Ca ity Council ma eq es aahhearing before therested party. Ci r, �
City Y City
Council, said request to be made within ten (10) days frzm the date of
approval when the change has been approved by the Planning Oeanission.
The applicant shall record an appropriate deed restriction and
covenant running with the land subject to approval of the City
Attorney, for all parcels which share a oommon private drive or
private roadway with ahe or hhrne other parcels. Said deed restriction
shall provide for necessary reciprocal ingress and egress easements to
and from the affected parcels.
,he applicant shall provide a plan for preservation of the existing
specimen tree on the easterly frontaga of the subject property. Said
plan shall include graphic depiction of protection devices to be
installed along the dripline perimeter of each tree for the duration
of cawtruction activities. nv3 plan shall include a written report
from a ocne:Ating arbcsist or landscape architect, whose selection
shall be approved by the Department of Planning and Development prior
to preparation of the report. Said report shall detail measures to be
taken to ensure the survival of said specimens during and after
asnstxuat.icn.
The subject Use Permit authorizes construction and use of up to 1,790
sq. ft. of retail space, subject to ooupliance with the General Plan
FAR and Parking requirements, for retail use intent as regulated by
the conditions ns of the South Saratoga-Sunnhyvals Road Conceptual Zoning
Plan.
19. LANDS( APE PLAN
A definitive landscaping plan for the project shall be subject to
informal ASAC approval at the building permit stage. Said plan shall
detail revised treatment of the landscape frontage setback on
Saratoga -Stu vale Read, and may entail removal of all or part of the
existing hardscapes within said setback.
,the three parallel parking spaces located on the south side of the
project site shall be shifted westerly to be O_ stent with the 35
ft. landscaped setback standard for South Saratoga-Sunmp-,ale Road.
All existing, unapproved storage devices including cargo oantainers,
shall be removed prior to issuance of building permits.
r �-a a�• • • • ,�� _� •alb
the applicant shall participate in the cost of a median for
Saratoga-SurzTvale Road based cn the applicant's proportionate share
of the cost. The proportionate share will be determined by the City
Cecil based upon benefit formulas used to calculate assessment
districts.
22. ROOFING t9aTFRIAL
If technically feasible, the new roof material shall be placed on the
existing building as well as the addition.
'Ihe expiration date for the use permit is September 19, 1990 (Section 6.4
of Ordinance No. 652 as revised by Ordinance No. 1136).
••r.• � ••:-, jai �
M •1 71'1
CMC
cc: Department of Planning and Development
Bill ix^_Bee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
Karl Coombs (Atelier)
21685 Granada Avenue
Cupertino, CA 95014
Beatrice Nalbern
304 S. Maple
Beverly hills, CA 90212
APPLICATION 15-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4103
OF THE PLANNING CM24 SION OF THE CITY OF CUPFIMNO
REC=4ENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 1,790 SQ. Fr.
EXPANSION OF AN EXISTING FREESTANDING RETAIL STORE, WITH RELATED
SITE IMPROVEHENTS
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 net the burden of proof required to support
said application.; and
WHEREAS, the Planning Commission finis 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 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 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 recommended for approval, 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 15-U-88 as set forth in the Minutes of the Planning
Commission Meeting of September 12, 1988 and are incorporated by reference
as though fully set forth herein.
RESOLUTION NO. 4103 (15-U-88) 09/12/88
Page -2-
SECTION II: APPLICATION DESCRIPTION
Application No(s) 15-U-88
Applicant: John Christensen
Property owner: Beatrice Halbern
Location: West side of S. Saratoga -Sunnyvale Road
approximately 200 ft. south of Wildflower way
Parcel Area (Ac): 0.4
SECTION III: ODNDTTIONS AEMMISTERE.'D BY TIM PUBLIC WORKS DEPAEaME aP
Street widening, improvements, and dedications shall be in accordance
with City Standards and specifications and as required by the City
Engineer.
Curbs and gutters, sidewalks aril related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
Sidewalks shall be installed in a manner which allows a minimnmt of
five (5) feet of sidewalk area which is unobstructed. This may
require a sidewalk easement on private property.
3. ISGHTING
Street lighting fixtures shall be installed as directed by the City
Engineer. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maxim =
height permitted by the zone in which the property is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC ODNTML SIGNS
Traffic control signs shall be placed at locations specified by the
City.
•� •a��.
Street trees shall be planted within the Public Right of Way as
required by the city engineer.
RESOLUMON 110. 4103 (15-U-88) 09/12/88
Page -3-
MMMM i-10 11 1
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 214(a). The building permit plan set shall
include details for repair of all on -site asphalt surfaces, and
connection of on -site drainage devices to the city storm drain system.
n:: nr• as
Drainage shall be provided to the satisfaction of the City Engineer.
Ifulialoweive. s.
The applicant shall be responsible for ccnnplying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility companies involved for the
installation of said facilities. The applicant shall submit a
detailed plan showing utility underground provisions. (This plan must
have prior approval of the utility companies and the City Engineer.)
• . 11 er �a is
The applicant shall be responsible for completing the site as shown on
approved plot plan and shall be required to enter into a development
agreement with the City of Cupertino providing for payment of
necessary fees, including but not limited to checking and inspection
fees, storm drain fee, and underground utility fee. Said agreement
shall be executed prior to the issuance of a building permit.
11. TRANSFORMER SCREENING
i
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrounded, such that they are not visible from
public street areas.
12. SIDEW}.LK VFI4FNTS
Sidewalk inprovements shall' conform with Condition 24(C) of 26-Z-81,
and shall include appropriate transitions to the existing monolithic
walks on the adjoining sites. The final alignment of said sidewalk
shall be structured to enable preservation of the existing Evergreen
tree on the site frontage. The sidewalk plan shall include a paved
surface at the existing bus stop for the convenience of passengers
entering or leaving transit vehicles.
The applicant may enter into a deferred agreement to install the new
sidewalk. The new sidewalk stall be installed when the sites to the
south or north redevelop requiring a new sidewalk.
13. PEDESTRIAN EAS134a1P
Pedestrian easements over the sidewalk area shall be prepared by the
developer, approved by the City Attorney and recorded against the
subject property prior to issuance of building permits.
RFSOLUPION NO. 4103 (15-U-88) 09/12/88
Page -4-
The recommendation of approval is based on Exhibits A 2nd. Rev., B
1st. Rev., Info. 1st. Rev. and Info. 1 of 15-U-88 except as ray be
amended by the conditions contained herein.
15. MDIFICATIONS OF THE APPROVED DEVMPMENr PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor change, alteration or amenxtnent 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 rat 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 withheld, the applicant may appeal
to the Planning Commission.
If the changes are material, the Director shall submit said oranges to
the Planning Ccmmnission for approval. If the change is denied by the
Planning Ccmmmission, the applicant nay appeal to the City Council as
provided in Ordinance 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 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.
16. INGRFSS/E=S EASE4EUM
i
The applicant shall record an appropriate deed restriction and
covenant running with the land subject to approval of the City
Attorney, for all parcels which share a common private drive or
private roadway with one or more other parcels. Said deed restriction
shall provide for necessary reciprocal ingress and egress easements to
and from the affected parcels.
17. TREE PROTECTION
The applicant shall provide a plan for preservation of the existing
specimen tree on the easterly frontage of the subject property. 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 a written report
from a consulting arborist or landscape architect, whose selection
shall be approved by the Department of Planning and Development prior
to preparation of the report. Said report shall detail measures to be
taken to ensure the survival of said specimens during and after
construction.
RESOLUTION W. 4103 (15-U-88) 09/12/88
Page -5-
18. EXPANSION APPFtWAL
The subject Use Permit authorizes construction and use of up to 1,790
sq. ft. of retail space, subject to ocuplianoe with the General Plan
FAR and Parking requirements, for retail use intent as regulated by
the conditions of the South Saragota-Sunnyvale Road Conceptual Zoning
Plan.
19. LANDSCAPE PLAN
A definitive landscaping plan for the project shall be subject to
informal ASAC approval at the building permit stage. Said plan shall
detail revised treatment of the landscape frontage setback on
Saratoga -Sunnyvale Road, and may entail rennval of all or part of the
existing hasdscapes within said setback.
The three parallel parking spaces located on the south side of the
project site shall be shifted westerly to be consistent with the 35
ft. landscaped setback standard for South Saratoga -Sunnyvale Road.
20. ACCESSORY STORAGE DEVICES
All existing, unapproved storage devices including cargo containers,
shall be removed prior to issuance of building permits.
21. PARTICIPATION IN MEDIAN COSTS
The applicant shall participate in the cost of a median for
Saratoga -Sunnyvale Road based on the applicant's proportionate share
of the cost. The proportionate share will be determined by the City
Council based upon benefit formulas used to calculate assessment
districts.
y
PASSED AND ADO= this 12th day of September, 1988 at an Adjourned
Regular Meeting of the Planning Commission of the City of Cupertino by the
following roll call vote:
AYES: cwmissIONERS: Adams, Szabo, and chairperson Sorensen
NAYS: COMMffSSIONERS:
ABSTAIN: C34 ISSIONERS:
ABSENT: caoffSSIONERS: Claudy, Mackenzie
ATPEST: APPF<=:
/s/ Robert Cowan /s/ Lauralee Sorensen
Robert Cowan Lauralee Sorensen, Chairwomen
Director of Planning Cupertino Planning ca mnission
RSO15U88(P10)
F
En
rt
Z �
(D
< ` i ,�.5av•ueaie@.O 1171SRd %TELIEIZ, RAM qlo JAASIO
ML CHRISTGNSEN'S T ph.-(4081255.3761
�
--T-6
TAfAA-1
rt -4z
PROPOSED ADDITION
S:ISTINO
WALLS TO SE REMOVED
$DU
rIRST FLOOR (p13TIRG) : lfl{ f.F.
ftCORO FLOOR (pIfTINGI M. S.F.
TOTAL tI1STIR0 fllS S.F.
rlRar nnoR (AmAwRI : nu s. r.
TOTAL uST f.F.
many" FLOOR PL 15-u-88
INFO. 1st Rev.
7/29/88
D
►'
I
N i
3 N
E
; °i
a`• E
,�p�•I.PPAR RAVMONO M
N71peS 5+ rop S�nny..le Rd 51TELI EIZ• (� ROOKEM. AIA5AS�0 s
'Ispho eC(/0B)I55 5761 IJ.-I. 95011 ^.......� ,CF�JI ;i';,'S:�p c._..."_ c. .-,.. ..cam. •..w
CliRigrENSEN'S .__ _.._.._. _....