Loading...
U-1989-28bCites of Cupertino 10100 lone Avenue P.O. Box 580 Cupertino, CA 95014-3255 Cupertino, CA 95015.0580 Ieleplwne: (4011( 252.4505 IAX: (400( 252.0753 DEPARTMENT OF ME CITY CLERK March 27, 1990 Morteza Abdollahi 22510 Stevens Creek Blvd. Cupertino, CA 95014 CM COUNCIL ACTION - APPLICATION 28-U-89 - USE PERII,IIT TO DEMOLISH AN EXISTING SERVICE STATION AND CONSTRUCT A 6,000 SQ. FT. KMM- nWU RETAIL BUILDING WITH RELATED SITE IMPROVE4 S - 22510 STEVENS CREEK BOULEVARD This will confirm the action by the city Council at their meeting of February 20, 1990 at which your Application 28-U-89 was approved per the following conditions: CONDITIONS AEMINISTERED BY T11E PUBLIC WORPS DEPARTMENT 1. STREET WIDENING Street widening, inprovements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CiaJRB AND GUTTER TMPROVQ�7T5 Curbs and gutters, sidewalks and related strictures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. 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. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. WDROWDI 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 Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 9. MASONRY WALL The masonry wall shall be maintained on the project's mutual boundary with residentially zoned or used property. Said wall shall be raised to an effective height of at least seven feet as measured from highest adjoining grade. 10. 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. 11. DEVMPMWr AGREFI�IT 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 undengrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 12. 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. ODNDrrIONS ADIIMSTERED BY THE COMMUNITY DEVELOFMENr DEPAitIMENr 13. APPROVED EXHIBITS The reccmriendation of approval is based on Exhibits A-1, A-2, A-3 and cover sheet all dated 10/25/89, except as may be amended by the Conditions contained in this Resolution. Window areas shall not be blocked with opaque materials. 14. USE LTCITATIONS — (GENETM o714ERCin) 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 the CG zone, including those activities which encapass food service or convenience grocery stores shall be subject to a separate Use Permit approval. The limitation on food service is due to inadequate site parking, traffic, noise and odor from trash. 15. DEMOLMON All existing structures on the site shall be removed prior to or concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in accordance with City Ordinances. 16. MODIFICATION OF APPROVED DEVEIAFMENr PLAN In the event that the applicant or subsequent property owner shall desire to Crake 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 Commission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning commission for approval. If the changes are denied by the Planning Cammission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes 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. 17. DEFINITIVE DEVELOPMENT PLAN The approved exhibits referenced in Condition 19 above shall constitute the definitive development plan for the sites Planned Development zoning, as required under Section 4(b) of ordinance No. 618. 18. PRECISE DEVELORMiT PLAN REVIEW As part of the precise presized development plan required under Section IV (C) of Ordinance No. 618, the developer shall obtain formal Architectural Site and Approval committee approval of a building layout and coaprehen>.sive planting and site lighting plan, definitive building materials and color palette, landscaping and site lighting plan, in accordance with the following direction: A. Landscaping along the north portion of the site along Stevens Creek frontage should be bermed. The use of drought resistant plantings should be applied as much as possible. B. Mature landscaping should be incorporated to the south and east portions of the parcel reducing visual impacts to the adjacent residences. C. The Architectural Site and Approval Committee shall review the type of light fixture proper in each location with particular regard for the south and east elevations of the building. Fixtures placed in this area shall be adjustable to ensure adequate protection of residences from intrusive effects of glare. Lighting in the parking lot shall be of a white tint, rather than orange or yellow. D. The trash enclosure shall be fitted with solid doors, and a roof over the enclosure unless the ASAC is convinced that such covering is technically infeasible and hampers pickup of the containers placed therein. Trash enclosures shall be integrated with the sign and landscaping on the Corner. 19. PARKING A minimum of 29 spaces shall be provided on the retail site. Parking for retail uses shall be provided at 1 space for 200 sq. ft. gross floor area. Parking spaces shall be available to the entire center and shall not be marked as reserved for individual tenants. 20. SIGN PROGRAM Sign information indicated on the approved exhibits and condition 18 above shall be subject to separate review and approval by the Architectural, Site and Approval Committee. 21. HAZARDOUS MATERIALS The owner must have prepared, by a registered hazardous materials expert(s), a report assessing the amount and type of hazardous materials contamination. The developer shall obtain appropriate certification of satisfactory clean-up and monitoring prior to issuance of a building permit. No exits are allowed at the south elevation. Please review conditions carefully. If you have any questions regarding the conditions of approval please contact the Department of Oaamunity Development staff mmber. for clarification. Failure to incorporate cmditions into your plan set will result in delays at the plan cracking stage. If development conditions require tree presentations, do not clear the site until required tree protection devices are installed. The expiration date for the use permit is February 20, 1992 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely,, p �k;i DOR7ii[Y ODRNELIUS, CMC � Cm CLM cc: Department of Canamrnity Develcpneri$r. Department of Public Works Bill McBee . Cupertino sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Jon Sanders Ins Altos Garbage Co. 1285 Pear Ave. Mt. View, CA 94043 Tan Perkins 22434 Ramona Ct. Cupertino, Ca 95014 Dennis Kobza 2083 Old Middlefield Way, Ste. 100 Mt. View, CA 94043 2a-U-89 C I T Y O F C U P E R T I N O 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4241 OF THE PLANNING CWMISSION OF THE CITY OF CUPEiiPINO RD=*I LADING APPROVAL OF A 5,947 SQ. FT. MUII -TFSI M RETAIL BUILDING WITH RELATED IMPROVIIdE3M IN A PLANNED DEVELOPMENT 7.ONIM DISTRICT SECTION 1: 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 accomrodate 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 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 ended 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 28-U-89 as set forth in the Minutes of the Planning Camnission Meeting of February 14, 1990 and are incorporated by reference as though fully set forth herein. Resolution No. 4241 (28-U-89) 02/14/90 Page -2- �n 7C.•. D _� p..rt _ �.. Application No(s) : 28-U-89 and 35-FA-89 Applicant: gQrteza Abdollahi Property Owner: Same Location: 22510 Stevens Creek Boulevard, corner of Foothill Boulevard Parcel Area: .53 Acres 23,086 sq. ft. 1. STREET WIDENING Street widening, inuvvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. � r �• t i• • � t�� .14. Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIG1fMG INMALSATION 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 fornu 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. 4. FIRE ifYDRANP Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. STREET TREES 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 Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. Resolution No. 4241 (28-U-a9) 02/14/90 Page -3- o. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 9. MSOMY WAId, The masonry wall shall be maintain9d on the project's mutual boundary with residentially zoned or used Said wall shall be raised to an effective height of at least t feet as measured Fran highest adjoining grade. ' 10. UNDERMOUND Vl'ILITIES The developer shall canply 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 plats shall be subject to prior approval of the affected Utility provider and the City Engineer. 11. DEVEEDPMENT AGREEmENr 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 undergrwnding of utilities. Said agreement shall be executed prior to issuance of construction permits. 12. 7MSFOidffRS 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. IV. CONDITIONS AMMSTERED BY 7HE COMr9UNM DEU OPMENr DEPAIZIMENP 13. APPROVED EX IIBM The reeoem rxdation of approval is based on Exhibits A-1, A-2, A-3 and cover sheet all dated 10/25/89, except as may be amended by the conditions contained in this Resolution. window areas shall not be blocked with opaque materials. 14. USE LIMATTONS — (GENERAL COMMERCIAL) 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 the CG zone, including those activities which enccmpass food service or convenience grocery stores shall be subject to a separate Use Permit approval. The limitation on food service is due to inadequate site parking, traffic, noise and odor from trash. Resolution No. 4241 (20-v-89) 02/14/90 Page -4- 15. DFMLITION TLIV RFMI_W All existing structures on the site shall be removed prior to or concurrently with project construction. Tlne developer shall assume the responsibility to obtain all required demolition permits in a000rdance with City Ordinances. 16. MDDIFICATION OF APPROVED DL•VELOPMERr 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 Commission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Ccummission 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 changes are approved by the Planning Omission, 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 (lo) days from the date of approval of said changes by the Planning Commission. F-NM mt�y� �y�u hia �.um .±a��A:i The approved exhibits referenced in Condition 19 above shall constitute the definitive development plan for the sites Planned Development Zoning, as required under Section 4(b) of ordinance No. 618. 18. PRDCISE DEVETORENP PLAN REVIEW As part of the precise presized development plan required under Section IV (C) of Ordinance No. 618, the developer shall obtain formal Architectural Site and Approval Committee approval of a building layout and omprehensive planting and site lighting plan, definitive building materials and color palette, landscaping and site lighting plan, in accordance with the following direction: A. Landscaping along the north portion of the site along Stevens Creek frontage should be bermed. The use of drought resistant plantings should be applied as much as possible. B. Mature landscaping should be incorporated to the south and east portions of the parcel reducing visual inpacts to the adjacent residences. Resolution No. 4241 (28-U-89) 02/14/90 Page -5- C. 'lhe Architectural site and Approval Cbmnittee shall review the type of light fixture proposed in each location with particular regard for the south and east elevations of the building. Fixtures placed in this area shall be adjustable to ensure adequate protection of residences from intrusive effects of glare. Lighting in the parking lot shall be of a white tint, rather than orange or yellow. D. The trash enclosure shall be fitted with solid doors, and a roof over the enclosure unless the ASAC is convinced that such covering is technically infeasible and hangers pickup of the containers placed therein. .-f4W GC- Cal)=,t�r 00 ASAC- sOLu OJ I 19. PARKING LOGkT , 7V CGriKZf^/ I TCrZA0 Lip SIG(! gsh um A minimof 29 spaces shall be provided on the retail site. Parking for retail uses shall be provided at 1 space for 200 sq. ft. grass floor area. Parking spaces shall be available to the entire center and shall not be marked as reserved for individual tenants. 20. SIGN PROGRAM sign information indicated on the approved exhibits and Condition 18 above shall be subject to separate review and approval by the Architectural site and Approval Committee. 21. HUARDOUS MAT FT2TALS The owner must have prepared, by a registered hazardous materials expert(s), a report assessing the amount and type of hazardous materials contamination. The developer shall obtain appropriate certification of satisfactory clean-up and monitoring prior to issuance of a building permit. �� No exits are allowed at the south elevation. PASSED AND ADOPTED this 14th day of February, 1990 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AXES: 0"aSSIONFRS: Mackenzie, NOES: OCNAD:SSIONERS: Mann ABSTAIN: 0"USSIONERS: None ABSENT: 024D:SSIONER.S: None /s/ Robert Cowan Robert Cothran Director of Planning peresos/rs28u89 Adams, Fazekas, Cnr. Claudy /s/ John Claude John Claudy, Chairman Cupertino Planning Commission i. as ; ',ij .r f Zt-� t I+`�� N�}�� 'l •Cirx ''.�• t tt +�� �{^emu � •S I RETAIL CENTER FOOTHILL & STEVENS CREEK, CUPERTINO�� FOR: MORZA ABDOLAHI D DENNIS KOBZA O. ASSOC/ATES, tNC. •o.nr�oo.sn.w w.. • YOVNARCM is E.CT 9 W� VICINITY.- . MAP PROJECT ANALYSIS LAND AREA BUILDING AREA! 12! o' BUILDING , COVERAGE --L— X �14c. PARKING EGUIREDI 0— '.Fo ;A frwrf - 50 '1 IT PARKING PROVIDEDS PAVED AREAS LANDSCAPE AREAl,t. TYPE cI, CONSTRUCTION OCCUPANCY IN IL I ZONING FIRE SPRINKLER SYSTEM U.B.C. REFERENCE -N. �T ..;l;F'T 17 ILI < > w 0 F-p" - bu-1 1p 0 Oi /Ly p I_LL J&r C3 M=LT TAr�x -87itt PLAN STEVENS CREEK BOULEVARD DE" IS K1187-A 6 ASSOCIATES, IN� F 1 111S.17b rvl �1 a `- r' �•l, ccTr� -rs � c�L �U1f'l. j I j �//� �' .1 I � 4'•D' I4'-O' O_�J'— W'•O' D O I 4'-O• �-d k' I � ID I >'•d 1 - .i. s.i= '-i-a.'w.i.-6.:'IT_' '--am a�sl.�d'—Tli�rti•,!f�:o^_T:=�.'L ,+�W,n�nK�.uL,.�.L' uxTvlrston,r.� .� .w�`.`�,,.sn.crax...,' _• FLoof� � r, +N•UL3CV V � yLw. Csv ap�i L6 I -O "'•�• j o � �'. log DENNIS KOOZA & ASSOCIATES. INC. gym ��oH ion no. ��in r•e. �^+�� ��` �••..[• �+`. A.IA. • ARCHITECT yew •Meow •TrS.�L aLJ (L,�JII.Irq M1T)> -4k Fwr Rh-u, - F,4;.Fsr -t��CM r LA, mr=-Wlm) 1� I rlUl� Ing Wa- — wzp ( ;.mar-Lz'v,,noo ,, mu. -- rAm8\K-- JN& It c .QUTH r--VATIOIJ --ZH Tlt.c L-6P-7H T�— OF NIS KOMZA &ASSOCIATES, INC- A-3 j;W 101110 form Awnue Cupe�iinu, Caliloini.i 95014 Irlephone: (408) 252.4505 0fl'ARIMLN1 Of PLANNING AND DLVfLOPMINf December 12, 1989 Dennis Kobza 2083 Old Middlefield Way, Suite 100 Mt. View, California 94043 Subject: Application ASAC 26-U-89 - Morteza Abdollahi Dear Mr. Kobza: P.O. U0K S80 CupelOno, Calilornla 95015 This letter will confirm the decision of the Architectural and Site Approval committee given at its regular meeting of December 11, 1989. The subject application was approved per the conditions specified in the enclosed copy of ASAC Resolution No. 1511. These conditions include shifting the building back on the site, thus reducing the rear yard setback to approximately 11 feet. The service walk will be removed and all deliveries will occur through the front entrances. The City Engineer will determine if a loading and unloading zone is required. The plan will be amended to reflect this loading area. The south elevation exits to meet fire exit requirements. The rear yard area will be fenced on both the east and west sides of the property for safety purposes. Exit alarm activated and panic hardware will be installed in both the fire exits fran the building and the gates in the fences leading to Foothill Boulevard. Appropriate buffer landscaping will be incorporated into the rear yard areas. The applicant will work with planning staff and the Los Altos Garbage Company, Commercial Operations Manager to develop an enclosure location that is appropriate for safe and efficient pickup program. If it is determined by the Commercial operations Manager that the existing location is inappropriate, the plans will be amended to reflect a more feasible location for this function, as agreed by both the operations Manager and Planning staff. The existing 25 feet parking backup area will be increased to 28 feet. An additional 6 feet of landscaping will be added to the Stevens Creek frontage. The landscaping plan will be amended to reflect berming along Stevens Creek to shield head lamps. Dennis Kobza December 12, 1989 Page -2- Zhe proposed stucco building materials on the north and west elevations will be changed to a wood material. The proposed building materials on the south and east elevations are to be kept as proposed. Tihe decision of the Architectural and Site Approval Crnmittee is final unless appealed within five working days to the city council. Sincerely, CITY OF CUPERrM PO) "'0A Michele Bjurnan Planner I cc: Morteza Abdollahi Enclosure asac\let28u89 ASAC 28=U-89 RESOLUIZON NO. 1511 OF IHE ARCHITECTURAL AND SITE APPROVAL COMMITTEE OF MIE CITY OF CUPERTINO REtCOtOMMING APPROVAL OF A USE PERMIT TO DLMO1;[S11 AN EXISITNG SERVICE STATION AND CONSTRUCT A 6,000 SQ. FT. MUUM- TENANT RETAIL BUILDING WITH RELATED SITE IMPROVEMENTS APPLICANT: Morteza Abdollahi PROPERTY OWNER: Same APPLICANT'S ADDRESS: 22510 Stevens Creek Blvd. Cupertino, California 95014 PROJECT LOCATION: Same FINDINGS: The Architectural and Site Approval Committee finds as follows with regard to this application: 1) The proposed use is consistent with the permitted uses as described in Ordinance No. 1344 of the Zoning Ordinance. 2) The proposed building height is consistent with the general commercial height allowance. CONDITIONS: 1-8) Standard Architectural and Site Approval Committee conditions to the extent that they do not conflict with the special conditions listed herein. In the event of conflict, the specific conditions listed herein shall prevail. 9) The proposed building materials and architectural style are not compatible with the surrounding developments. The use of wood resembling material will replace stucco on north and west elevations. The use of stucco on south and east elevations are acceptable. 10) The approval is based upon the plan set dated October 25, 1989 of Application ASAC 28-U-89 except as may be amended by conditions enumerated herein. 11) The plan set shall be redesigned to indicate a rear setback of approximately 11 ft., an approximate parking backup area of 28 ft. and the Stevens Creek frontage landscaping should approximate 15 ft. The Stevens Creek frontage landscaping should be bermed to shield headlamps. In addition, the service walk will be removed. 12) The City Traffic Engineer will determine the need for a marked loading zone. Staff and applicant to work with Los Altos Garbage Company to determine appropriate garbage enclosure location. 13) Recommend south and east sides of parcel, leading to rear yard area be gated for safety purposes. Applicant to work with staff on gate material and location. Resolution No. 1511 ASAC 28-U-89 Page -2- PASSED AND ADOPM this llth day of December, 1989 at a regular meeting of the Architectural and Site Approval Comnittee of the City of Cupertino, State of California, by the following roll call vote: AYES: MEMBERS: Gong, Jackson, Mann NAYS: MEMBERS: None ABSTAIN: MEMBERS: None ABSENT: MEMBERS: Chairman Miller /s/ Michele Biurman Michele Bjurman Planner I asac\rso28U89 ems/ Wayne Gong Wayne Gong, Vice -Chairman Archit. and Site Apprvl. Ccimi.