U-1990-07bCittj of Cupertit+o
10300 Torre Avenue P.O. Boy SM
Cupertino, CA 95014-3255 Cupertino, CA 9SMS-0580
Telephone: (408) 252-4505
FAX: (408) 252-0753
DEPARTMENT OF THE CITY CLERK
April 27, 1990
Terry Brown
21721 Granada Avenue
Q2pertino, California 95014
LWIIS AND •171 Y:1• Sr= • P•-.• 7 E
At their regular meeting of April 16, 1990, the Cupertino City Oa>ncil
approved the granting of a Negative Declaration and approved Application
No. 7-U-90 per Planning 'ComissJon Resolution No. 4255.
Street widening, improvements and dedicaUm s shall be provided in
A ozdance with City Standards and specifications as required by the
City 01gineer.
• ; i • � 4�71; •yl�'Y �J/�y171�
a bs and gutters, sidewalks and related structures shall be installed
in aeocrdanee with grades and standards as specified by the City
Engineer.
street lighting fixtures specified in Section 12 of the Hanta Vista
Design Guidelines shall be installed as directed by the City
Engineer. Ali on and off site lighting shall be designed to in no Fray
interfere with adjaoent areas and shall be no higher than the maxitmmi
height permitted by the zone in which the property is located for fire
hydrant.
4.
Fire hydrants shall be located as required by the City.
5. TRAFFIC- SIC3iS
Traffic control signs shall be placed at locationa specified by the
City.
6. ST42 T TitEES r'
Street trees shall be planted within the public -right-of-way and 14a11
be provided in accordance with Section 8B of the Marta Vista Design
7.
Grading shall be as approved and required by the City Engitcer in
accordance with Ordinance 214(a). Pad grades shall not exceed 2 ft.
above the highest adjoining top of curb elevation.
8.
Drainage shall be provided to the satisfaction of the City E n#rw!-=.
9. _
The developer shall fly with the requirements of the Llbdergraxnd
Utilities ordinance No. 331 and other related Ordinances and
regulations of the City of CVpertino, and shall coordinate with
affected utility provider's for installation of underground utility
devices. The developer shall submit detailed plans
to p�rioiM utJaitY
oval
tundergmrd provisions. said plans shall be
of the affected Utility provider and the City Engineer.
lo.
The .applicant shall be responsible for ocepleting the site as shown on
the approved plot plan and shall be required to enter inor to
development agreement with the City of b prov l _
oP rn�essary fees ire-ludisx� but rat l utility fee. Said Agrement
fees, storm drain fee, and undergrond
shall be w=uted prior to issuance of building permit.
Electrical transfers, telephone vaults and similar above grmuzl
equipment enclosures shall be screened with fencing and landscaping or
located wxlergrazd such that said equipment is not visible from
public street areas.
The reocimmendaticn of approval is based an Application Plan Set, 4
Sheets, dated February 28, 1990, of Application 7-U-90, except as may
be amended by the Conditions om*ained in this Resolution.
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amentment of the
approved development plan, a written request or revised development
plan shall be
Director submitted f�he Director of Cacmusity Development. If
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 Commission, the applicant may
appeal to the City Council as provided in City ordinance No. 652.
If said changes are approved by the Plarmsing Commission, an appeal may
be made to the City Oouncil 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 Cmmmission.
16.
The subject Use Permit authorizes oonstruicticzi of a maximum of 1,696
sq. ft. of office space on the first level of the building and 2 one
bedroom apartments on the upper level.
Minima off-street parking shall be provided for the office and
residential portions of the project as follows:
Office 1,696 sq. ft. at 1 space per 285/sfgfa - 6 spaces
Residential 6 units at 1 covered space per unit - 2
If garage doors are not installed, signage stall be provided Mich
reserves the covered spaces for use by apartment tenants only.
Adjoining northerly, easterly, and southerly sites, the applicant
stall record an agreement obligating existing and future property
owners to provide reciprocal,vehicular cul a+r and pedestrian egress and
ingress easements between the subject property and all pr *perhi— to
the north/east, and south within the same block. Said agreement stall
be subject to approval by the City Attorney prior to recordation. The
intern of this condition is to provide for the commas access and
parking lot design described in the Monta Vista Specific Plan. Said
easement shall be
d at such time as surrounding Parcels
redevelop and the � can require the adjoining property owners to
reciprcc l easements.
The applicant shall agree to join a Marta Vista occmarrial area
assessment district to pay for maintenance and operation of public
im- Mements including but not limited to street lights, public
landscape areas, street furniture, public parking areas and such
additional requirements as shall be defined by the City.
Mie final landscape plan shall be subject to informal ASAC review
prior to issuance of building g permits. 711A landscape infomticn
shall be reviewed in accordance with Section SE, F and H of the Monte.
Vista Design n,i °lines. The plan shall also incorporate the
requirements of the proposed YAriscape Guidelines.
In addition, the plan shall include an arbarist report to determine
required to preserve the almond tree located in the fron
yard. Subject to a favorable report, ASAC may Vary the architecture
and siting of the building to acocmwdats the preservation objectives.
Rive fru, yard setback for the first floor shall be reduced from 35
ft. to 5 ft. as specified in Section 6B of the Monta Vista Design
Guidelines.
Rhe rear elevation and floor plan shall be modified to create a rear
entrance and winder exposure to the parking area. Tire modification
may include a shift of the garages, r1he intent of the condition is to
create greater visual interest and activity in the rear yard area in
aoacrdAnce with the Manta Vista Design G idielines. The solution shall
be subject to final approval of the Architectural and site Approval
Cxmmittee prior to release of building permits.
20. i
ire height of then. doing shall be reduced from 30 ft. to 28 ft. in
order to conform to the adjoining residential program.
21.
22.
A textured sidewalk extending from the trellised walkway to the rear
property line shall be installed. Mie material shall be reviewed by
ASAC in ocnjuncticn with the landscape plan.
Mm final location of the trash enclosure shall be approved by staff
in conjunction with the building permit.
if the am0cmt of street dedication as determined by the Public Works
Department increases the length of the pxoperty by 5 ft., a 5 ft.
planter strip will be added to the east pxcperty line.
Please review omditicra caren,»y. If you bevy my 4esti+ons regardirg
the conditicns of approval please om*act the Department of ckssmity
Development staff fibers for clarification. fication. Pailuae to ir=zpamte
ornditimm into yaw plan eat will result in delays at the plan checking
stage. If dwmlcpw*t crnditims require tree preea2vatiCEIs, do not clear
the site until required tree pr tectim devices are Irmta»ed.
The expiration date for the use permit is May 1, 199 (Section 6.4 of
Ordinazre No. 652 as revised by Ordinance No. 1136).
sirrereiy, ti
oc: Department of Cmmmnity Development
Department of Public Warm
Bill McBee
Cupertino Sanitary District
20065• Stevens Creek Boulevard
0 artino, CA 95014
Manta Vista n4 x+avement Assn.
Ann Anger
10185 Empire Average
Cupattino, CA 95014
Vic nta Vista Homeowners Assn.
Alyene Dackett
21921 FjaxMsa Ave.
04 tirgo, C2L 95014
William Kinst 00.
10051 Pasadena Ave., Ste. H
Cupertino, CA 95014
7-U-90
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLMICH No. 4255
OF THE PLW124G OOMUSSION OF THE CITY OF CUPF3"ii9 NO
REOOMME IDING APPROVAL OF A USE PER41P TO CONSMUCr A
3,900 SQ. FT. OFFICE/02*97CIAL BUILDING WrM TWO
RESIDERMAL UNITS AND RELATED SITE IMPROVFMEM
SECTION I: F3NDINGS
WHEREAS, the Planning Ommission 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
4IIiaUAS, the Planning Cmoissicn 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
acommcdate 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 nei0borhood.
NOW, T[MIEFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence sui=aitted in this matter, the application for Use Permit is
hereby reccauended 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 and contained in the Public Hearing record
concerning Application 7-U-90 as set forth in the Minutes of the Planning
ammi scion Meeting of April 9, 1990, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4255 (7-U-90) April 9, 1990
Page -2-
SFC IM II• PROJECT DESCRIPTION
Application No.(s) 7-U-90 and 7-EA-90
Applicant Tnsty Brown
Property Owner Terry Brown
Location East side of Orange Avenue. 150 ft.
south of Stevens Creek Boulevard
SECTION III• CONDITIONS ACMINISTERED BY THE PCU TC WORKS DEPAr
1. STREEr WIDENING
Street widmug, mTrovements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2. CURB AND GUTTER
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Eixlineer.
3.EirIIiG
Street lighting fixtures specified in Section 12 of the Monta Vista
Design Guidelines 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 maximmm height
permitted by the zone in which the property is located for fire
hydrant.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC CONTROL 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 provided in accordance with Section 8B of the Monta Vista Design
Guidelines.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with ordinance 214(a). Pad grades shall not exceed 2 ft.
above the highest adjoining top of curb elevation.
8. DRAId�GE
Drainage shall be provided to the satisfaction of the City Engineer.
Resolution No. 4255 (7-U-90) April 9, 1990
Page -3-
The developer shall omply 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 undergraus<1 utility
devices. The developer shall submit detailed plans showing utility
unde�d provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
The applicant shall be responsible for completing the site as shorn on
the 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 chedang and inspection
fees, storm drain fee, and utility fee. Said agreement
shall be executed prior to issuance of building permit.
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.
CITY INGINMIS CEZi=CATE OF
ACCM- ANCE OF 3JGIIUMUM/SMMYB4G COIMMCNS
(Section 66474.10 CA. Gov't. Code)
I hereby certify that the engineering and surveying conditions specified
in Section III of this Resolution conform to generally accepted
engineering practices.
Travice Whitten, Asst. City E gr.
RCE No. 20363
`1�NY • ♦ NFU YY �'� �-ull 1 YYY DI L I •• I I IYY 1 a/JI • • ID 1 1 71J
The recammendation of approval is based on Application Plan Set, 4
Sheets, dated February 28, 1990 of Application 7-U-90, except as may
be amended by the Conditions contained in this Resolution.
Resolution No. 4255 (7-U-90) April 9, 1990
Page -4-
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 troy appeal to the
Planning Commission.
If the Director finis that the requested changes are material, such
duviges 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 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 (lo) days from the date of approval of said changes by the
Planning commission.
Ole subject Use Permit authorizes construction of a maximum of 1,696
sq. ft. of office space on the first level of the building and 2 one
bedroom apartments on the upper level.
15. ARICi
Minimum off-street parking shall be provided for the office and
residential portions of the project as follows:
Office 1,696 sq. f.. at 1 space per .285/sfgfa = 6 spaces
Residential 6 units at 1 covered space per unit = 2
If garage doors are not installed, sigthage shall be provided which
reserves the covered spaces for use by apartment tenants only.
R a a 0 151R
Adjoining northerly, easterly, and southerly sites, the applicant
shall record an agreement obligating existing and future property
owners to provide reciprocal, vehicular and pedestrian egress and
ingress easements between the subject property and all properties to
the north/east, and south within the same block. Said agreement shall
be subject to approval by the City Attorney prior to recordation. The
intent of this condition is to provide for the cocoon access and
parking lot design described in the Monta Vista Specific Plan. Sa=.d
easement shall be iWlemented at such time as surrounding parcels
redevelop and the City can require the adjoining property owners to
agree reciprocal easements.
Resolution No. 4255 (7-U-90) April 9, 1990
Page -5-
3.9.
The applicant shall agree to join a Morita Vista cc mercial area
assessment district to pay for maintenance and operation of public
improvements including but not limited to street lights, public
landscape areas, street furniture, public parking areas and such
additional requirements as shall be definers by the City.
Tine final landscape plan shall be subject to informal ASAC review
prior to issuaTMp of building permits. The landscape information shall
be reviewed in accordance with Section BE, F and H of the Morita Vista
Design Guidelines. The plan shall also incorporate the requirements of
the proposed Xeriscape Guidelines.
In addition, the plan shall include an arborist report to determine
measures required to preserve the almond tree located in the front
yard. Subject to a favorable report, ASAC may Vary the architecture
and siting of the building to accommodate the preservation objectives.
The front yard setback for the first floor shall be reduced from 15
ft. to 5 ft. as specified in Section 6B of the Morita Vista Design
Guidelines.
The rear elevation aryl floor plan shall be modified to create a rear
entrance and window exposure to the parking area. The modification
may include a shift of the garages. She intent of the condition is to
create greater visual interest and activity in the rear yard area in
accordance with the Monte Vista Design Guidelines. She solution shall
be subject to final approval of the Architectural and Site Approval
Committee prior to release of building permits.
20. FIIIGHT
The height of the building shall be reduced from 30 ft. to 2s ft. in
order to conform to the adjoining residential neighborhood.
A textured sidewalk extending from the trellised walkway to the rear
property line shall be installed. The material shall be reviewed by
ASAC in conjunction with the landscape plan.
22. TRASH ENQASURFS
The final location of the trash enclosure shall be approved by staff
in conjunction with the building permit.
If the amount of street dedication as determined by the Public Works
Department increases the length of the property by 5 ft., a 5 ft.
planter strip will be added to the east property line.
Resolution No. 4255 (7-U-90) April 9, 1990
Page -6-
PASSED AND ADOPTED this 9th day of April, 1990, at a Regular Meeting of
the Planning Coumission of the City of C43ertino, State of California, by
the following roll call vote:
AYES: CCKI CNFFS: Adams, Fazekas, Mackenzie, Mann, Chairman Claudy
NOES: OCHaSSIONER4: None
ABSTAIN: CCMKESSICNEFS: None
ABSENT: CCMKXSSIONERS: None
/s/ John Claude
John Claudy, Chairman
Cupertino Planning Ccamission
Pcresos/rso7u90
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