U-1990-16bCit4 of Cuperli»o
10300 Torre Avenue P.O. Box SW
Cupertino, CA 95014.3255 Cupertino, CA 95015-0580
Telephone: 1408) 2524505
FAX: (408) 252-0753
DEPARTMENT OF THE CITY CLERK
August 22, 1990
David BandL=i
Band cci Associates
830 Hillview Court, Suits 210
Milpitas, California 95035
CITY COUNCIL ACLTON - 16-U-90 - USE PUKU TO OONSTRUCr A 5,900 SO. FT.
SINGLE STORY COMMERCIAL WILDING WrM HMATEO SITE IMPROVENERISf
LM=CN OF TWO EXISTING DELXCHM DWELLUM
At their regular meeting of August 20, 1990, the Cupertino City Council
granted a Negative Declaration and approved Application 16-U-90 per
planning Commission Resolution No. 4279 amended to include the following
conditions:
y. MV r 0* --'711VV .,M : �v1 5MY-v-W _WTi_Douln 0. iwatiL
1. SIT2EET WIDENlI3G
Street widening, improvements and dedications shall be provided in
accordance with City standards and specifications and as required by
the City Engineer.
2. CURB AND GgPLIIt
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Dxjineer•
3. STREET LSG1VING �CRJ
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 inter to adjoining
properties, and shall be no higher than the maximum height permitted
by the zone in which the site is located.
Developer shall o®ply with all fire safety requirements specified by
the City in consultation with the Central Fire District.
5. STREET TREF
Street trees shall be planted within the Public Right of Way and shall k..
be of a type approved by the City in accordance with Ordinance 125.
6. GRADS
Grading shall be as approved and required by the City Engineer in
accordance with Ordinarra 125. First floor finished floor elevation
shall not exceed 24 inches above the highest top of curb elevation an
the adjoining Stalling Road frontage, unless the need for greater
elevation is demonstrated to the City Engineer for purposes of
achieving proper site drainage or resolving other technical
constraints.
7.
Drainage shall be provided to the satisfaction of the City engineer.
8. Umaxm UND VI'II TIF.s
The developer shall ccwply 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
of the provisions. plans Said P
d Utilityproviderand the City Engineer.priorapproval
9. IMPROVEHEW AGREFS�NI'
Tire project developer shall eater into an iuVrovement 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 is&== of construction permits.
Electrical transformers, telephone vaults and similar above ground
be
with fw=hrxj and
or
located um erground each p=-it enclosures l that equipnernt is not le F
public street areas. The proposed Agapanthus transformer screwdng
plants indicated on Sheet IS-1 shall be changed to a plant screen with
denser foilage.
SE=C$r IV: CIONDITIMS ADUWM tID BY 'IIM dQibi= DEVELOVMM OEPP.
The x - endation of approval is based on sheets AS-1 (amended to
delete Bianchi Way access), AS-2, AS-3, AS-4, I.S-1, ES-2 dated
07/20/90 of Applications 16-U-90, eXcegt as may be amended by the
Conditions curtained in this Resolution.
The developer shall install a masonry wall at the southerly perimeter
of the site adjacent to the two existing residential lots. The
barrier shall be configured to attain an effective 6 foot height above
highest adjoining grade at any point along its reach.
TYne said masonry barrier shall extend the entire length of Bianchi Way
frontage at a setback of five feet from the Property Tins.
The developer shall install a 6 ft. high security gate between the
building wall and masonry barrier on the south and east sides of the
building to prevent trespassing and loitering in the seven foot wide
landscape area behind the building.
13. PARKI2 G
Mm developer shall maintain a mi itirst eking ration of lsp/200 sq.
ft. of gross floor area, the i ��
interconnect parking areas with adjoining propert
parking may be required to ao=mcdate any food service tenancy within
the owplex.
In the event that the applicant or subsequent property owner shall
desire to make any prior 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 rat
result in a material effect upon the appearance or function of the -
project, said changes may be certified on the revised plan. If
approval of said des is withheld, the applicant may appeal to the
Planning 0n1 pion.
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 dented by the Planning Commission, the applicant may
appeal to the. City am=il 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. Fthzther, any
Member of the City Council may request a hearing before the City
CautcU regarding said approved changes. Said request small be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
15. USE rIMITATrq� f
Permitted uses may include all uses allowed without the securing of a
Use Permit in the City of Cupertino Cr. (General Commercial) zoning
district. All other uses requiring Use Permit review in the CG zone,
including those activities which encompass food service or convenience
grocery stores shall be subject to a separate Use Permit approval.
16. DEMOLITION Rt70�JIRE2�l<NT
All existing structures on the site shall be removed prior to or
concurrently with project construction. The developer shall asses
the responsibility to obtain all required demoliticn permits in
accordance with City Ordinances.
I
The approved exhibits referenced in Condition 11 above shall
constitute the definitive development plan for the site's Planned
Development Zoning, as required tinder Section 4(b) of ordinance No.
618.
As part of the precise development plan required under Section IV (C)
of Ordinance No. 618, the developer shall obtain Architectural aria
Site Approval Committee approval of the c=prehensive planting and
site lighting plan, definitive building materials and color palette,
landscaping and site lighting plan, in accordance with the following
directions:
A. landscaping along the Stellisg Road frcntage should be deferred
pending oompleticn of a streetscaps study by the City. Ire
developer shall execute a letter of intent to complete the
streetscape planting in accordance with City standards, and shall
post a bond for such improvements prior to release of building
permits.
B. Mature landscaping should be incorporated on the south and east
sides of the building to reduce visual impacts to the adjacent
residences.
C. The Committee shall review the type of light fixture proposed in
each locations with particular regard for the easterly parking
area. Fixtures placed in this area shall be adjustable to ensure
adequate protection of residences from intrusive effects of
glare.
Sign information indicated on the approved exhibits and Condition 11
above shall be subject to separate review and approval by the
Architectural and Site Approval Cmmittee.
21.
Exit doors installed on the south or east elevation shall be limited
to emergency exit use only and shall be alarm -actuating.
No public address system or paging system, powered megaphone or -
similar noisemaking device shall be permitted outdoors at any time.
Me applicant shall record an appropriate deed restriction and
covenant
f the City
Attorney, which reciprocals l provide for reciprocal ingreswith the land subject to approval s/egress /egress e
asses�+*+*a and shared parking with the adjoining northerly parcels.
Said deed restrictions shall provide for shared maintenance
responsibility for all parcels which share a o®an private drive or
private roadway with one or more parcels.
The 6/12 metal roofing element be carried completely around the
perimeter of the building in order to reduce the unrelieved vertical
surface in close proximity to the property line.
It is recognized that the trash enclosure is intended to be shared,
through a formal agreement, with the property to the north. The
developer and property owner to the north shall execute an agreement
along with appropriate rights of access and. definition of maintenance
responsibility, far that purpose prior to issuance of building
permits. If agreement cannot be between the affected
the developer return to to the Planning Commission under aiNew
Business agenda item for development of an alternative solution, if
such need is determined by the Director of Community DevelcpoPsht.
Please review conditicas carefully. If you have any questions rtagardinq
the conditions of approval please omtaq,-t the Department of C OMMInity
Development staff members for clarification. Failure to irIC0XpOrste
c=lditions into yarn- plan set will Lffitllt in delays at the plan cbw]ring
stage. If devalcpwant conditions require tree Prviaw►ations, do not clear
the site until required tree protection devices are i„wtalled,
The expiration date for the use permit is August 20, 1992 (Section 6.4 of _
Ordinance No. 652 as revised by Ordinance No. 1136).
cc: Department of Ccmmu city Develcpoent
Department of Public Works
Bill Ma ee
Cupertino Sanitary District
20065 Stevens Creek Blvd.
Cupertino, CA 95014
KCevin Mattos
Barxh=i Associates
830 Hillview Ct., Ste. 2110
Milpitas, CA 95035
Victor Castello
12304 Saratoga Creek Dr.
Cupertino, CA 95014
16-U-90
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESO1i7PION NO. 4279
OF THE PLANNING 0OIT4ISSION OF THE CITY OF CUPERITNO
REOOrfi1PS1 = APPROVAL OF A USE PERMIT TO CONSPRUCr
A 5,900 S.F. RETAIL BUILDING WITH RELATED SITE IIMPROVD924 S
SECTION I• FINDINGS
WHEREAS, the Planning Cconissicn 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
acccuucdate 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 suboonclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 16-U-90 as set forth in the Minutes of the Planning
Cmmiission Meeting of August 13, 1990, and are incorporated by reference
as though fully set forth herein.
Resolution No. 4279 (16-U-90) 08/13/90
Page -2-
S&TICN II: PdaQ = DESCRZPIZGN
Application No(s): 16-U-90 and 26-EA-90
Applicant: David Banduoci
Property Owner: victor costello
Location: 069theast corner oP Stelli +c+ Road mid Stevens
Creek Blvd.
USE PERMIT to construc.•t a 5,900 s.f. single story cc mieroi.al building
with related site movements; el lition of two existing detached
dwellings.
7��M � •ail► 41� • �!tel��! �4ata� �.! ;�lE___ •:+. � �•�;`+iY�q�
W�k- a Ut-1a-�-
street widening, improvements and dedications for Bianchi Way shall be
provided in accordance with City Standards and specifications and as
re,ired by the City Engineer.
FA 0 MTV:-uDW-TVPI I!v1;i'.J!aN-5
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
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.
-WEN A
Developer shall comply with all fire safety requirements specified by
the City in consultation with the Central Fire District.
�f��al y• aa.
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.
UNIVIVAI
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance M. First floor finished floor elevation
shall not exceed 24 inches above the highest top of curb elevation on
the adjoining stelling Road frontage, unless the need for greater
elevation is demonstrated to the City F2hgineer for purposes of
achieving proper site drainage or resolving other technical
constraints.
Resolution No. 4279 (16-U-90) 08/13/90
Page -3-
: NT- e}
Drainage shall be provided to the satisfaction of the City Engineer.
The developer shall couply 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.
�,e�'.JI�a • es• �a is
The project developer shall enter into an improvement agent 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.
� �• 7 • • it
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screened with landscaping or located
underground such that said equipment is not visible from public street
areas. The proposed Agaparnthus transformer screening plants indicated
on Sheet LS-1 shall be charged to a plant screen with denser foliage.
The recc merdation of approval is based on sheets AS-1, AS-2, AS-3,
AS-4, LS-1, E5-2 dated 07/20/90 of Application 16-U-90, except as may
be amended by the Conditions contained in this Resolution.
The developer shall install a masonry wall at the southerly perimeter
of the site adjacent to the two existing residential lots. The
barrier shall be configured to attain an effective 6 foot height above
highest adjoining grade at any point along its reach.
The developer shall install 6 ft. high security gates between the
building wall and masonry barrier on the south and east sides of the
building to prevent trespassing and loitering in the seven foot wide
landscape area behind the building.
13 PAF
The developer shall maintain a minimum parking ratio of lsp/200 s.f.
of gross float area, notwithstanding the requirement to interconnect
parking areas with adjoining properties. Additional parking may be
required to accommodate any food service tenancy within the omplex.
Resolution No. 4279 (16-U-90) 08/13/90
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 charges 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 charges 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 Ordinanoe No. 652.
If said charges are approved by the Planning fission, 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 appmved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
Permitted uses may include all uses allowed without the sealing of a
Use Permit in the City of Cupertino CG (General Commercial) zoning
district. All other uses requiring Use Permit review in the a3 zone,
including those activities which encompass food service or convenience
grocery stores shall be subject to a separate Use Permit approval.
Rzff• a • -41c • • -k Ira�a�
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.
The approved exhibits referenced in Condition 11 above shall
constitute the definitive development plan for the site's Planned
Development Zoning, as required under Section 4(b) of ordinance No.
618.
18. PRECISE DEVEMPMENr PLAN REVIBr
As part of the precise development plan required under Section IV (C)
of Ordinance No. 618, the developer shall obtain Architectznal and
Site Approval Committee approval of the comprehensive planting and
site lighting plan, definitive building materials and color palette,
landscaping and site lighting plan, in accordance with the following
direction:
Resolution No. 4279 (16-U-90) 08/13/90
Page -5-
A. Landscaping along the Stelling Road frontage should be deferred
pending completion of a streetscape study by the City. The
developer shall execute a letter of intent to complete the
streetscape planting in accordance with City standards, and
shall post a bond for such improvements prior to release of
building permits.
B. Mature landscaping should be incorporated on the south and east
sides of the building to reduce visual impacts to the adjacent
residences.
C. The Committee shall review the type of light fixture proposed
in each location with particular regard for the easterly
parking area. Fixtures placed in this area shall be adjustable
to ensure adequate protection of residences from intrusive
effects of glare.
r �•`•n ;y
Sign information indicated on the approved exhibits and Oonlition it
above shall be subject to separate review and approval by the
Architectural Site and Approval Committee.
Exit doors installed on the south or east elevation shall be limited
to emergency exit use only and shall be alarm -actuating.
No public address system or paging system, powered megaphone or
similar noisemaxirg device shall be permitted outdoors at any time.
��`ey' _ate an• � r:_7Rti?�l�
The applicant shall record an appropriate deed restriction and
covenant running with the land subject to approval of the City
Attorney, which shall provide for reciprocal ingress/egress easements
and shared parking with the adjoining northerly parcels. Said deed
restriction shall provide for shared maintenance responsibility for
all parcels which share a coamons private drive or private roadway with
one or more other parcels.
■ .. •.•• •. l; 0 a ■'+I
The 6/12 metal roofing element be carried completely around the
perimeter of the building in order to reduce the unrelieved vertical
surface in close proximity to the property lines,
Resolution No. 4279 (16-U-90) 08/13/90
Page -6-
It is recognized that the trash enclosure is intended to be shared,
through a formal agreement, with the property to the north. The
developer and property owner to the north shall execute an agreement
along with appropriate rights of access and definition of maintenance
responsibility, for that purpose prior to issuance of buidling
permits. If agreement cannot be reached between the affected parties,
the developer shall return to the Planning Ca:dzsion under a new
Business agenda item for development of an alternative solution, if
such need is determined by the Director of Ccumunity Development.
'Ihe southerly rank of parking stalls shall be shifted five feet east
to acco=cdate a minimum landscape depth adjoining Stelling Road and
Bianchi Way of ter (10) feet.
PASSED AND ADOPM this 13th day of August, 1990, at a Regular Meeting of
the Planning commission of the City of Cupertino, state of California, by
the following roll call vote:
AYES: OCkWSSIONFFS: Mann, Fazekas, Chr. Claudy
NOES: 0301ISSION RS: None
ABSTAIN: CCM CSSICNER.S: None
ABSENT: CCMSSIONERS: Adams, Mackenzie
/sl Robert Cowan /sl John Claudy
Robert Cowan John Claudy, Chairman
Director of C = mnnity Development Cupertino Planning Commission
. 1
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MUMMER;'
NORTH ELEVATION
SOUTH ELEVATION
WEST ELEVATION
AmDucct
AS S,10!1 TES
AM y
EXTERKA
ELEVATKXa
60
7�1 pqo
37
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