U-1991-08bCitt4 of Cupertino
10100 Torre Avenue Box S80 B
Cupertino, California 95014 Cupertino. CalP.O. P.O. 95015
Telephone: 14081 252.4505
DEPARTMENT OF THE CITY CLERK
August 26, 1991
John P. Gachisia Landscaping Management
21760 Stevens Creek Boulevard 204
Cupertino, California 95014
CITY COUNCIL ACTION - APPLICATION NO. 8-U-91 - JOHN P. GACHINA LANDSCAPE
MANAGEMENT - USE PERMIT TO OCCUPY TWO SINGLE-FAIMaY RESIDENCES CN A
WMPCRMY BASIS, TO OPERATE A IANDSCAPE OFFICE BUSINESS; PROP= IS
IOCAM AT 10026/10038 ORANGE AVENUE
At their regular meeting of August 19, 1991, the Cupertino City Council
approved Application No. 8-U-91 per Planning Commission Resolution No.
4359 with the following conditions:
SECTION IV: gg_MITICNS ADMMSTERED BY THE CU442TM DEVE[OpHW DEFT
1. APPROVED EXHIBITS
The reO=Mndation of approval is based on the Site and Elevation Plan
dated July 8, 1991, and applicant's letter of June 14, 1991, except as
may be amended by the conditions stated in this Resolution. The
existing shed and duq)ster not shown on the site plan may remain.
2. USE LIPIIWIONS
The Use Permit grants the occupation of two single-family residences
for a landscape maintenance office use. The Use Permit is valid for
six months, with no right of renewal. The storage of vehicles,
equipment, or materials related to landscape maintenance is not
allowed at the site. No chemicals may be stored on site. Hours of
operation are 7:00 a.m. to 11:00 p.m.
A $10,000 bond, cash, or other security acceptable to the City
Attorney, shall be provided within 10 working days of an approval
decision, to ensure the business evacuation at the expiration of the
Use Permit. If the applicant has not evacuated, the monies shall be
retained and applied to the City's efforts in evacuating the premises.
the applicant shall not park vehicles, or otherwise hinder the
continued health and growth of the 100 year old almond tree at the
southwest corner of Parcel 59.
11 4.
A maximim of four (4) trucks with trailers may be parked on site.
Please review conditions carefully. If you have any questions regarding
the oonditlons of approval please contact the Department of C=DL ity
DevelDplDeDt staff mmbers for clarification. Failure to incorporate
conditions into your plan set will result in delays at the plan dmunid q
stage. If development conditions require tree Preservations, do not clear
the site until required tree protection devices are installed.
She expiration date for the use permit is August: 19, 1993�(Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerel ,
:i�i1C�G.cJj
D�O'I43Y S, Qfi
CITY CLERK
cc: Department of Community Development
Department of Public Works
Bill McBee Rick Simonini,
Caper 1M Sanitary District 22016 San Fernando Ct.
20065 Stevens Creek Boulevard C%pertino, CA 95014
Cupertino, CA 95014
Lance Schendorf The Craigs
10038 Orange Avenue 10035 Orange Avenue
Cupertino, CA 95014 Cupertino, CA 95014
John Coward Nancy. Hertert
20395 Pacifica Dr., Ste. 101 22830 San Juan Road
Cupertino, CA 95014 Cupertino, CA 95014
EXHIBIT A
8-U-91
CITY OF CUPERTINO
10300 Torre Avenue
04--tino, California 95014
RESOLLMON No. 4359
OF THE PLANNING CCKIISSION OF ME CITY OF CUPERTINO
RD X244ENDING APPROVAL OF A USE PER1-= TO OCCLMY TWO
SINGLE-FAMILY RESIDENCES ON A TEMPORAW BASIS
TO OPERATE A LANDSCAPE OFFICE BUSINESS
SE7CI7ON I• FINDINGS
W[ ams, the Planning Coamission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
*IMEAS, the applicant has met the burden of proof required to support
said application.; and
Waif EAS, the Planning Camnission finis that the application meets the
following requirements:
a) An office use is consistent with the General Plan use intent of
neighborhood camie*rial.
b) 7he loss of two single family homes is offset by the approved
mixed use residential/office Use Permit (7-U-90) which may be
constructed on this site in the future.
c) The office use is ccapatible with the surrounding single family
uses.
NOW, 01EREEURE, 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
emmierated in this Resolution beginning on Page 2 thereof; and
ghat the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 8-U-91 as set forth in the Minutes of the Planning
CMnission Meeting of July 22, 1991, and are incorporated by reference as
though fully set forth herein.
SF7CI'LON II • PRDJECP DESCRIPTION
Application No(s): 8-U-91
Applicant: John P. Gachina Landscape M=t.
Property owner: Robert Ersepke and Rick Simonini
Project Location: 10026/10038 Oran4e Avenue
EXHIBIT A
RESDLUrION NO.
The reconvm-illation of approval is based on the Site and Elevation plan
dated July 8, 1991, and applicants letter of June 14, 1991 except as
may be amended by the Conditions contained in this Resolution. The
existing shed and dimpster not shown on the site plan may remain.
2) USE LUCMM I0NS
The Use Permit grants the occupation of two single family residences
for a larr7�pe maintenance office use. The Use Permit is valid for
six months, with no right of renewal. The storage of vehicles,
equipment or materials related to landscape mince is not allowed
at the site. No chemicals may be stored on site. Hours of operation
are 7:00 a.m. to 11:00 p.m.
A $10,000 bond, cash or other security acceptable to the City
Attorney, shall be provided within 10 working days of an approval
decision, to ensure the business evacuation at the expiration of the
Use Permit. If the applicant has not evacuated, the monies shall be
retained and applied to the Cities efforts in evacuating the premises.
4'� :1:•14a •.1 � •.
The applicant shall not park vehicles, or otherwise hinder the
continued health and growth of the 100 year old Almond tree at the
Southwest corner of Parcel s9.
4) PARKING
A maxims of four trucks with trailers may be parked on site.
PASSED AND ADOPTED this 22nd day of July, 1991 at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call
vote:
AYES: C:*MSSIONERS: Austin, Mahoney, [kaix m Mackenzie
NOES: COMMISSIONERS: Mann, Fazekas
ABSTAIN: CCLgC=CN RS: None
ABSEffr: COMMISSIONERS: None
ATTEST: APPROVED:
Isl Robert Cowan Isl Don Mackenzie
Robert Cowan Don Mackenzie, Chairman
Director of Ccmnnanity Development Cupertino Planning Commission
peresos/pc8u91