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U-1992-03 (Mod)bCitvf of C"Pe""o 10300 Torre Avenue P.O. Box 580 Cupertino. CA 95014.3255 Cupertino, CA 95015-0580 Telephone: 14M 2524505 FAX: 140Bt 252-0753 • 440ki G • h:iaiw4. « s•r September 14, 1992 Ron Lackey 968 Carson Drive Sunnyvale, California 94086 CITY COUNCIL ACTION - APPEAL OF PLANNING COM IISSICN CCNDITIONS OF APPROVAL FM APPLICATION NO. 3-U-92 (MDDIFIED) - 10021 SWIH MAW AVENUE. CALI-LAND ASSOCIATES HAS APPEALED CCNDITICNS PLACID ON USE OF ROLL -UP DOORS AND INVOLVING ADJACFW PARCELS THAT ARE NOT A SUBJECT OF THE PM[LT OR AMENEMEN T REQUEST At their regular neeting of September 8, 1992, the Cupertino City Council denied your appeal. if you have any questions regarding the conditions of approval, please contact the Department of Commuuty Development staff members for clarification. Sincerely, DEPUW CITY CLERK cc: Department of Cammuiity Development Department of Public Works Ron Lackey P. O. Box 1329 Cupertino, California 95015 Cit4 of Cuperti»o 10300 Torre Avenue P.O. Box 580 Cupertino, CA 95014-3255 Cupertino, CA 95015-0580 (408) 252-4505 FAX: (408) 252.0753 OFFICE OF THE C N CLERK August 19, 1992 Ron Lackey Cali -Land Associates P. O. Box 1329 Cupertino, California 95015 CITY COUNCIL, ACPICN - APPEAL OF PLANNIM COMMISSION CONDITIONS OF APPROVAL FOR APPLICATION 3-U-92 (MODIFIED) - 10021 SOUTH BLAM. CALI-LAND ASSOCIATES HAS APPEALED CONDITIONS PLACED ON USE OF ROLTa UP DOORS AND INVOLWIW ADJACENT PARCELS THAT ARE NOT A SUBJECT OF THE PERMIT OR A14ENEMENP RDQUEST At their regular meeting of August 17, 1992, the City Council continued consideration of your appeal to their meeting of Septeaber 8, 1992, with the stipulation that if the appeal is not heard at that time, it will be deemed dropped. If you have any questions regarding this action, please contact this office for clarification. Sincerel DM OT Y 00 S CITY CLERK DC/cs Cites of Cuperti"o 10300 Torre Avenue P.O. Box 5B0 Cupertino. CA 95014-3255 Cupertino, CA 9SO15-0580 14081 252-4505 FAX:(408) 252-0753 CBFICS or TM CITY CLEM July 22, 1992 Gary SdMddt Cali -Land Associates 10070 Imperial Avenue Cupertino, California 95014 CITY COUNCIL ACTICN - APPEAL OF PLANING CCMUSSICN CCNDITICNS OF APPROVAL FM APPLICATICN NO 3-U-92 (MODIFIED) - 10021 SOUTH BLANEY AVENUE At their regular meeting of July 20, 1992, the Cupertino City Council continued consideration of your appeal to their regular meeting of August 17, 1992. If you have any questions egar W this action, please contact the Department of Ccimmu ity Development staff members for clarification. Sincerel CG� DOEtOIIiY CORNE[.IUS, CM C CITY CLERK.. cc: Department of Co comity Development Department of Public Works Ron Lackey P. 0. Box 1329 Cupertino, CA 95014 �J 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 252.4505 FAX: (408) 252.0757 OFFICE 1 F THE: CITY CLERK June is, 1992 Gary Schmidt Cali -Land Associates 10070 Imperial Cupertino, California 95014 Cites of CHperf "o P.O. Box Sao Cupertino, CA 9501545M CITY COUNCIL ACTICN - APPEAL CP PLANNING CCMMIISSICN CCNDITICNS OF APPROVAL FOR APPLIa.TICN 3-U-92 .(MODIFIED) - 10021 SCU1H HLVW AVENUE; CALI-LAND HAS APPEALED CONDITIONS PLACED COT USE OF ROLL -UP DOORS AND INVOLVING ADJAcERr PARCELS THAT ARE NOT A SUM= OF THE Pmuim cR. AMENEmmr RE)QuEsT At their regular meeting of June 15, 1992, the Cupertino City Council continued your application to the regular meeting of July 20, 1992. If you have any questions reg=d ng this action, please contact the Department of Camnuuty Development staff members for clarification. Sincerely, DORCYIHY CITY CLERK DC/cs cc: Department of Ccmmmity Development Department of Public Forks Ron Lackey P. D. Haar 1329 Cupertino, CA 95014 City of CNpertim 10300 Torre Avenue P.O. Eto: Sao Cupertino- CA 95014.3255 CuMsino. CA 9501E-0580 Telephone: (408) 252.450E FAX: (405) 252.0753 COMMUNITY DEVELOPMENT May 12, 1992 Ponald Lackey 968 Carson Dr. Sunnyvale, California 94086 Subject: Application 3-U-92 (Modified) Ron lackey Dear Mr. Lackey: This letter confirms the decision of the Cupertino Planning eoamission, given at its regular meeting of May 22, 1992 to approve the subject application according to the findings and conditions specified in the enclosed copy of PlannIM C=nissicn Resolution No. 4406. Please note these conditions carefu iy. subsequent submittal of materials for building permits or other entitlements will be checked for cmPliance with the conditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you have questions about this matter. CITY OF CUPFRTM Ciddy "ll Cunm2nity Development Department F73cicsure letters/3u92M2/cb 3-U-92 (Modified) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4406 OF THE PLANNING cmirS.SION OF THE CITY OF GUPEEMM APPWVING A USE PERMIT MODIFICATION 710 INSEALL RDLb-UP WINDOWS IN FRUNT ELEVATION OF A PRDDUCE SMRE IN AN EXISLTNG SHOPPING CENTER SE)MO J I: SIDINGS WHEREAS, the Planning C=mission of the City of Qipertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHMEAS, the applicant has met the burden of proof required to support said application.; and WHEREAS, the Planning CYnmission finds that the application meets the following requirements: a) That the center was built prior to 1973; therefore, the center is exert fran the Traffic Intensity Performance Standard. b) niat the project will not cause any substantial environn ental inpacts. c) That the property and building involved is of adequate size and shape to accommodate the proposed use. d) That the use is in conformance with the General Plan, Zoning and Stevens Creek Conceptual Plan of the City of Cupertino. NOW, 7iMEFCRE, 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 recamnended for approval, subject to the conditions which are m=nerated 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 3-U-92 as set forth in the Minutes of the Planning C"'iWion Meeting of April 27, 1992, and are incorporated by reference as though fully set forth herein. �7a,J• � r, _ 9�19 • ?. �• • Application No.(s): 3-U-92 and 3-EA-92 Applicant: Ron Lackey Property Owner: Ron Lackey Location: 10021 South Blaney Avenue Resolution No. 4406 (3-U-92 Modified) May 12, 1992 Page -2- Ste' 10N III • CONDITIONS AEM NISrERED BY 7TIE CCMATM DEVELOPHaW DEFT. The recamw-ndation of approval is based on Exhibit Phase i Site Plan, dated February 16, 1989, and Couparison Elevations dated 3/25/92 of Application 3-U-92 Modified. The details on the Site Plans regarding Hamac„shi Restaurant and other improvements are not applicable to this use permit. Subject Use Permit authorizes installation of two roll -up doors as depicted in the Elevation Plans. The roll up doors shall be closed between 9 P.M. and 8:00 A.M. daily. This Use Permit does not authorize the display of products outside of the stricture. Conditions related to Resolution No. 4131 and City Council action letter dated November 2, 1988 and March 19, 1992 remain in effect. 3. MODIPTCATICN OF APPROVED DEVELOPMENP 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 Comau city 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 Coamissicn, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning Commiissicn, 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 regaining said approved changes. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. y c�I. tlo The signage depicted on the Elevation Plan is not approved and is subject to separate ASAC approval as outlined in Condition 6 of City Council action letter dated March, 1992. Any signage advertising the sale of products shall be in conformance with the Cupertino Sign Ordinance, Section 17.32.110 regarding window signs. Any tenporaiy window signs shall not exceed 25% of the window surface and be located on the interior of the building. This window signage may remain on display for a maxinvam of 30 days. Resolution No. 4406 (3-U-92 Modified) May 12, 1992 Page -3- �� Deliveries are prohibited between a P.M. and 8 A.M. All deliveries shall occur through the front of the building. Delivery hours shall be posted. The sign type and location shall be approved by staff. This posting shall occur prior to occupation. 6. GARBAGE PICKUP All discarded produce shall be placed in sealed bags and placed in the dunpster. All trash for both parcels, APN 369-03-004 and APN 369-03-006, shall be placed in dumpsters with the lid closed at all times. The dimpsters shall be kept in one large enclosure. This enclosure shall be designed to include an area for palate stacking. The enclosure shall be placed on a paved surface, generally to the west of the shopping center, with the exact location to be determined by staff. The location selected should be to protect the adjoining neighbors. Exterior storage outside the building is not permitted. This Condition applies to the entire center. The garbage pickup frequency shall be adjusted so that this condition can be acomplished. 7. DISPLAY S112pG'I[)RF5 A display plan shall be submitted and approved by staff prior to occupation of the building by the applicant. This display plan shall include a scaled site plan depicting the locations of the display structures and scaled elevation plan or photographs of these structures. The structures shall be a finished quality and attractive in appearance. Items such as plants and baskets may be hung from the rafters (interior of the building), provided a minim m of a ft. clearance is maintained. All requirements of the County Sanitary Department shall be cal)lfed with. .. •4 o.: No parking is allowed on unpaved surfaces. All portions of the required parking shall be paved, inncludug the south row of parking shown on the site plan. 10. A fence shall be located perpendicular to the southwest owner of the Blaney Center, extending south to the property line. Resolution No. 4406 (3-U-92 Modified) May 12, 1992 Page -4- PASSED AND ADOPTED this 12th day of May, 1992 at a regular meeting of the Planning Commdssion of the City of Cupertino, State of California, by the following roll call vote: AYES: MEMBERS: Austin, Mackenzie, Mahoney, Mann and Chairman Fazekas NOES: MEMBERS: None ABSPAIN: MEMBERS: None ABSENT: MEMBERS: None ATTEST: APPROVED: /s/Robert Cowan Robert Cowan Director of Comnmity Development peresos/3u92m /s/Da* - Fazekas. Chairman Daryl Fazekas, Chairman Planning Commission 3-U-92 (Modified) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RES01XJTICN No. 4406 OF THE PLANNING C CH IISSICN OF THE CITY OF a1PEFMNO APPROVING A USE PERKrT MODMCATIOK TO INSMIL ROIL-W W320OWS IN FROM ELEVATION OF A PRODUCE STORE IN AN EXIST= smpp3M C.FIT M SECTION I: FINDINGS WHEREAS, the Planning Ca miof the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application.; and WHMEAS, the Planning Commission finds that the application meets the following requirements: a) That the center was built prior to 1973; therefore, the center is exempt from the Traffic Intensity Performance Standard. b) 3hat the project will not cause any substantial environmental impacts. c) Mat the property and building involved is of adequate size and shape to acconniodate the proposed use. d) Miat the use is in conformance with the General Plan, Zoning and Stevens Creek Conceptual Plan of the City of Cupertino. • i ly' 71 • • • D: • Do That after careful consideration of maps, facts, exhibits, testimony and other evidence suhnitted in this matter, the application for Use permit is hereby recommended for approval, subject to the conditions which are emrnerated 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 3-U-92 as set forth in the Minutes of the Planning Commmission Meeting of April 27, 1992, and are incorporated by reference as though fully set forth herein. Application No.(s): 3-U-92 and 3-EA-92 Applicant: Ron Lackey Property Owner: Ron Lackey Location: 10021 South Blaney Avenue Resolution No. 4406 (3-U-92 Modified) April 27, 1992 Page -2- The reammerdation of approval is based on EA-dbit Phase 1 Site Plan, dated February 16, 1989, and ccaparison Elevations dated 3/25/92 of Application 3-U-92 Modified. The details on the Site Plans regarding uamasushi Restaurant and other improvements are not applicable to this use permit. Subject Use Permit authorizes installation of two roll -up doors as depicted in the Elevation Plans. The roll up doors shall be closed between 9 P.M. and 8:00 A.M. daily. This Use Permit does not authorize the display of products outside of the structure. Conditions related to Resolution No. 4131 and City C=-cil action letter dated November 2, 1988 and March 19, 1992 remain in effect. 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 CmmamUty 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 Commssicn. 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 charges are approved by the Planning Cmmission, an appeal may be made to the City Cmnnoil 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 fran the date of approval of said changes by the Planning Canmission. 4. SIGNAGE The signage depicted on the Elevation Plan is not approved and is subject to separate ASAC approval as outlined in Condition 6 of City Council action letter dated Mardi, 1992. Any signage advertising the sale of products shall be in conformance with the Cupertino Sign Ordinance, Section 17.32.110 regarding window signs. Any temporary window signs shall not exceed 25% of the winnow surface and be located on the interior of the building. This window signage may remain on display for a mauinnamm of 30 days. Resolution No. 4406 (3-U-92 Modified) April 27, 1992 Page -3- _i►/a. Via_ Deliveries are prohibited between 8 p.m. and 8 a.m. All deliveries shall occur through the front of the building. Delivery hours shall be posted. The sign type and location shall be approved by staff. this posting shall occur prior to occupation. All discarded produce shall be placed in sealed bags and placed in the dumpster. All trash for both parcels, APN 369-03-004 and APN 369-03-006, shall be placed in dumpsters with the lid closed at all times. The small be kept in one Large enclosure. This enclosure shall be designed to include an area for palate stacking. The enclosure shall be placed on a paved surface, west of the shopping center, with the exact location to be determined by staff. Exterior storage outside the building 1, not permitted. This Condition applies to the entire canter. The garbage pickup frequeno-y shall be adjusted so that this condition can be aoamplished. A display plan shall be suk-itted and by staff or to tion of the building by the applicant. This plan shall iincludeescaled site plan depicting the locations of the display structures and scaled elevation plan or photographs of these structures. The sbi=ttres shall be a finished quality and attractive in appearance. Items such as plants and baskets may be hung from the rafters (interior of the building), provided a minimum of 8 ft. clearance is maintained. rilloraxw All requirements of the County Sanitary Department shall be omplied with. . ...7 No parking is allured on unpaved surfaces. All portions of the required parking shall be paved. PASSED AND ADDPTTD this 27th day of April, 1992 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: MEMBERS: Austin, Mackenzie, Mahoney, Mann and chairman Fazekas NOES: M!4BERS: None ABSTAIN: MEMBERS: None ABSEW: MEMBERS: None AT=: APPROVED: Robert Cowan Daryl Fhzdcq, Cqairman Director of Comm unity Development Planning Commission 103W Torre Avenue P.O. soy Sao Cuper ino, CA 95014.3255 Cupertino, CA 95015-0580 Telephone: (405) 252-4505 FAX: (408)252-0753 COMMUNITY DEVELOPMENT April 28, 1992 Ronald Lackey 968 Orson Dr. Sunnyvale, California 94086 Subject: Application 3-U-92 (Modified) Pon lackey Dear Mr. lackey: Shis letter confirm the decision of the Cupertino Planning Cosulission, given at its regular meeting of April 27, 1992 to approve the subject application according to the findings and conditions specified in the enclosed copy of Planning Commission Resolution No. 4406. Please note these conditions carefully. Subsequent submittal of materials for building permits or other entitlements will be checked for cctrpliance with the Conditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you have questions about this matter. Ci F QJPEFUM40kr ' 1 l/- Michele Bjurman Community Development Department Enclosure letters/3u92M Cites of Cuperti"O 103M Torre Avenue P.O. Box 5W Cupertino, CA 95014-3255 Cupertino, CA 95M54)580 Telephone: (408) 252.4505 FAX: (408) 252-0753 - DEPARTWNT OF THE CITY CLERK March 19, 1992 Ran Lackey P. 0. Boot 1329 C1>pertdro, California 95015 CITY COUNCIL ACFICN - APPLICATICN 3-U-92 - USE PERMIT FCR A 2,370 SO. FT. FLOWER AND PRCCUCE • SICRE IN AN EXISTING SHCPPING CENTER, THE PROPERTY IS LOCATED AT 10021 SOUIH BLANEY AVENUE At their regular meeting of March 16, 1992, the C LIpertino City council grained a Negative DwAaratim and approved Application No. 3-U-92 per Planning Commission Resolution No. 4399 with the following conditions; 1. APB EXHIBITS The reconmendatian of approval is based on Elduihit Phase 1 Site Plan, dated February 16, 1989, of Application 3-U-92, as it related to Blaney Center and the proposed retail use only. The other details on the plans girding iiamasushi. Restaurant and other improvements are not applicable to this Use Permit. 2. APB USES Subject Use Permit authorizes occupation of 2,340 sq. ft. for the purposes of retail sales of produce and flowers and related items. Fhlolesale activity is prohibited. Any eonditione related to Resolution No. 4131 and City COLMcil action letter dated November 2, 1988, slain in effect. 3. MODLFICATIcK cF APPROVED DEVELCEKE lr FLAN 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 Camluiity Development. If the Director makes a finding that the changes are minor and do not result in a material effect upon the appearance or function of the prolan. if approval val ct, said changes si of said changes is withheld, the applicant may appeal be certified an the revised to the Planning Commission. mission. 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 Planning Commission, an appeal may be node to the City Council by any interested party. Further, any Member of the City Council may request a hearing before the City Council en (10); said approved approvalrequest shall be made ofchanges by the within tea (10) days flan the date of Planning Commission. The applicant shall designate one handicap parking space as determined by the Building Department in aocrtlinaticn with the State of California. a L41-y A chain -link fence shall be placed separating the Blaney Center parcel and the adjoinuig undeveloped parcel south. Fence placement shall occur prior to 000mpation of the buildirg by the applicant, the purpose of the fence separation is to di.scmwage trash aoamiulstinq and storage of inoperable vehicle parking. rhea In conformance with the Cupertino Sign ordinance, Sections 17.24.60(b), 17.24.270, a center sign program shall be filed within 60 days of this approval. 7. TRASH 'Ihe applicant shall install a trash enclosure on the site. The enclosure shall be designed to integrate with the eadsting building. The location and design shall be approved by staff prior to issuance of building permits. Please xevia► amditiGos carefully. If you have any qpeeticnare,c�t*�t the coDevelopmnditions staff mew � ease clarification. ,t2�e � into your Plan set, will result in delays at the glen chedd stage. If deucloPment comUtima requite tree Pam, do not -leer the site until required tree pro;t +ctim devices are installed. 7he expiration date for the use penait is Mardi 16, 1994 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, CH CITY CLERK cc: Department of Caammity Development Deputrent of Public Forks Bill Mc�ee Cupertim Sanitary District 20065 Stevens Creek Boulevard 04*rt m, CA 95014