The URL can be used to link to this page

U-1995-03b3-U-95 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4595 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A USE PERMIT. TO REPLACE AND EXPAND AN EXISTING FIRE STATION ON AN ADJACENT PARCEL SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more Public Hearings on this matter; and WHEREAS, the applicant has failed to meet the burden of proof required to support his application, and has not satisfied the following requirements: 1) That the use of uses are in conformance with the General Plan and are not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. 2) That the property involved is adequate in size and shape to accommodate the proposed uses. The project is located too close to adjacent residential uses. 3) That the proposed uses will not generate levels of traffic over and beyond that of the capacity of the _existing street system. 4) That the proposed uses are not otherwise detrimental to the health, safety, peace, morals and general welfare of persons residing in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood of the site affected by the application. Adjacent neighbors are adversely affected by the impacts of noise and light. 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 denial by the Planning Commission of the City of Cupertino. 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-95 as set forth in the Minutes of the Planning Commission Meeting of March 13, 1995, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 3-U-95 Applicant: Central Fire District Property Owner: Central Fire District Location: Vista and Randy Drive north of Stevens Creek Boulevard Resolution No. 4595 3-U-95 March 27, 1995 Page-2- PASSED AND ADOPT'ED this 27th day of March, 1995, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: i AYES: COMMISSIONERS: Austin, Harris, Roberts and Chairman Doyle � NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None � ABSENT: COMMISSIONERS: Mahoney � ATTEST: AP � �S' W , Robert S. Cowan David Doyl , Chai an Director of Community Development Cupertino Planning Commission g:/planning/r3u95d t 3-Z-83 (Amended) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4 590 OF THE PLANNING COMMISSION OF,THE CITY OF CUPERTINO RECOMMENDING DENIAL OF.AN AMENDMENT TO ORDINANCE 1233 AND REVISED BY ORDINANCE 1248, ALSO KNOWN AS THE STEVENS CREEK BOULEVARD CONCEPTUAL, ZONING PLAN, FOR A PORTION OF A PARCEL I' LOCATED BETWEEN VISTA DRIVE AND RANDY LANE, NORTH OF STEVENS CREEK BOULEVARD, ALSO KNOVJNAS APN: 316-24-008 s, The draft ordinance is attached as Exhibit A. PASSED AND ADOPTED this 13th day, of March,.1995 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Harris, Roberts and Chairman Doyle NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mahoney ATTEST: APPROVED: /s/ Robert S. Cowan /s/ David Doyle Robert S. Cowan David Doyle, Chairperson Director of Community Development' Cupertino Planning Commission g:\pdreport\rso3zrnod EXHIBIT A Ordinance No. 1686 AN ORDINANCE OF THE CITY OF CUPERTI NO AMENDING CONDITION 8 OF. ORDINANCE 1223 AND REVISED BY ORDINANCE 11248, ALSO KNOWN AS THE STEVENS CREEK BOULEVARD CONCEPTUAL ZONING )PILAF, FOR A PORTION OF A PARCEL LOCATED ]BETWEEN VISTA DRIVE AND RANDY LANE, NORTH OF STEVENS CREEK BOULEVARD, ALSO KNOWN AS APN: 3116-24-008. The City Council of the City of Cupertino does hereby ordain that the Stevens Creek Boulevard Conceptual Zoning Plan shall be amended for the above referenced parcel as follows: The required setback from the nearest wallplane to the north property line shall be a minimum of 13'6". Severabillili Clause If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this ordinance. The legislative body hereby declares that it would have passed this ordinance in each section, subsection, clause, phrase, thereof,. irrespective of the fact that any one or more section, subsection, sentences, clauses and phrases be declared unconstitutional. Effective Date This Ordinance No. shall take effect and be in full force 30 days after its enactment. INTRODUCED at a regular meeting of the City Council of the City of Cupertino on this day of , 1995 and ENACTED at the regular meeting of the City Council of the City of Cupertino on the day of , 1995 by the following vote: Mote Members of the City Council AWES, NOES. ABSENT: ABSTAIN: APPROVED: Mayor City of Cupertino ATTEST; ` City Clerk reso3z2 t Z _ City of y� Cupertino = R K h • Pax � j � {i J I T%Y NOTICE OF DETERMINATION INATION 5-EA-95 Application 3- U®95 Central Fire Protection District At their meeting of May _1, 1995, the City Council of the City of Cupertino considered a request for a use permit filed by Central Fire Protection District. The project is located at Vista and Randy.Drive north of Stevens Creek Boulevard. The project is described -as a use permit to replace and expand an existing fire station on an adjacent parcel. The decision of the City Council was to approve said project. The City Council, by filing a Negative Declaration on May 2, 1995, has determined that the project will not have a significant impact upon the environment and, therefore, no Environmental Impact Report has been prepared. The Negative Declaration has been prepared pursuant to the provisions of State and City guidelines. A copy of said Negative Declaration is available in the Office of the City Clerk, 10300 Torre Avenue, Cupertino, California. R berta Wolfe Deputy City Clerk City of Cupertino t Please return to City Clerk's Office 10300 Torre Avenue, Cupertino, CA 95014 �r �l 00 5 R9 UGH- u 3v b m UM t '�z G,�'o a �� - THE C-U14T ' CLERK 1 ■!, I!R""owlswfQ!�tfOw�lffS� � I t f Rod l I E1bt TM FFE STATM G!ffiE 1 I •. 1 1 r LIMN D• - Z . CENTRAL Concrete Paving .. PROTECTON DISTRMT'" --^r-�--.-Spsmg ToAurodLCobred Concrete Paving HC I :Stallsnamp .. TRASH Trash Enclosm MWERTWO FRE S'TAT> GEN Germs ® Existing Troop Remain (09 sft) Sal 9I - Coont Optional ' a PRELIMINARY PLANT UST SY6k M WTANICAL'NAME' COAAL40N NAME. Sty l2VMMM t4tHW Trees at Property Lh= The rtls budm aign Envy.Cmeiy� Tress 0 A.: Py� P orCa,p_A%sbkft,*r,'Fasdg39W EuroysmHmnbeam Ssr3R+i Fit to F and t WIer TMe5 d tall cotar, spring intorest snd of = safer acmas to rmtghbom c r: CIS Pear �. Afatpharsfr.Fas Aat C Es�wnHarvaa , 68 COMMTaws ftr Larp Foued Attu iy S_.*hMsshftM Cidma.TaU= Tres a lfaYaaaparty t BM ® N lo e Shrubo Rand, r at tuaMrgft east stria, priwea patlo and at aMps eWM erEbiss from Lane �! and Sty Cruet EML ° . Cmrsa'fray ate' At!ffirafian Fuchols o� A Howie* Bwrbw > W9n Sword Fam McHawd= San==canzakft SWC=G a ° Srrmbsat Atuatq,Poft mfigaab+sa% 7a�amP Prird Emphaft Accerl $ M bG ra': E-�try:Cauriyt 'Fhm7m �) b = t 114�rt69aid�' . Diets lDwwf Red.Wev Zealand R FtntovW lBy or Aggmr tf z zeta Par Ldq-of-th -Nile �. �f rL rxtl Sa kasventy Bamtroa 1(tr�7 'SM Diep W PLCA Dhdcds trMMnatount Mood Red Twnpst VbM Lam Tnanpet Vbm iroatm�v�s � �S5 Ca2s&jm mrrenWsina u-....3 0 Dyad eiur tap Ruoq-L� Wra,B Creeper nstaUstros+ W.Ls +WSAL1A1 :2 All FAarrtiruy areas shalf lta irrigated with an underground,, fulFy`automatic- ARCMTECyg,: irrigation system. 'Planting areas shall reflect the 'zone concept', grouping= plants of.similer water demands', together. ;Shrubs and groundcovers on the:. - planp 6si rrltedt prefor:moist conditions are Wrig used under building canopies amf 4an rroah�axposuros. I Lova.galtonage heads shall ba used,wtterever possible.:and watering shall be 4.. stnC.iy managed by the Fire D str ct All Trees shall'be a minimum 15 gallon can size"., at time of planting.. Gioupdcovars shall Da 1 can size or flats: iuith spacings' plamed-irom gaeon designed to provide:;complete cover within two years :after planting. All shrub and'grpundcover areas shalt be'mufched rrittt a 2' minimum depth of wand fiber: muk9L y,j-Zg.g.S 5. Onh, one species of tree will be selected tor; each category from the'choices for F?�: 2-, design -continuity, shrubs, and-groundcovers shall. fra ,.Smaller/accent.trees, seleded-addresstng.solar�exposure, meao•blimatic`conditions. color, 'arid .. .. tenow irrtar SCALE a, , - 2l 6- All trees Shan be staked, as par city stanthods and all trees shall 7be inditridually. fi4234-®0 - watored,'!,fth bubbiais in tree wells to hetp'esiabish deep root systems. - - C & T V 94032-95mEX2 7. Fina11 ptartt selecaaa shall be dspandatri upon marke4-availability and tyua6ry "ffi ". timtr of corLSirtictiorL ". - S f� $ 4 - sy (Jp WOOD DEiZ SOREEM (BEYO Z, ' ----------------Y , n -.. _- ��• ii : � 1lEE ti£4M9T 13'-�2 i n ExmTm RES®ENcE PROFERTY LNE VEM OWE- 1 ,EE RWEUY LINE. r of AATUS.FOL� AATLLS ROOA9 WEST — EAST SECTION TFROIMH vMM OR EMSnMG RESMENCES RAM 12' PAMM WEIAL. LETTERS FM FLOOR,217.7M i 8-0° TYPt{d1t PER TH3 UHALL — —'� OMMOR PLASTE;,- PROFRE OF STREET (FORmioum) T.& 21544' S (Typr_ 4 4 EMW VVEW — ELEVAMN 111111111 MENO® 11P 31id �•2;Y!{. iM•ELC 'ti •ti. E• 1n1:1F•. /.; - •'P.,a 'n11 E` h1a1:'. '"-! C•C 1� .R. :.R C.,� a RESDENTIAL I I RESIDENTIAL I I RESIDENTIAL VISTA OR. -iY5:Da' — — to — - — t$i I N fgi r - , _ to ® m m City Hall 10300 Torre Avenue Cupertino, CA 95014-3202 Telephone: (408) 777-3223 Cit-,- or FAX: (408) 777-3366 Cupeo OFFICE OF THE CITY CLERK May 5, 1995 Santa Clara County Central Fire Protection District 14700 Winchester Boulevard Los Gatos, California 95030-1818 lY CITY COUNCIL., ACTION e APPLICATIONS TIONS 3-Z-$3 (MODIFIED)9.3=�7�9- AND 5- EA-95, CENTRAL FIRE PROTECTION DISTINCT e USE PERMIT TO REPLACE AND EXPAND AN EXISTING FIRE STATION ON AN ADJACENT PARCEL; MODIFICATION OF STIEVENS CREEK BOULEVARD CONCEPTUAL ZONING PLAN TO ALLOW A 13 FT. 6 U4. SETBACK OF PROPERTY IS'LOCATED AT VISTA DRIVE NORTH OF STEVENS CREEK BOULEVARD At their regular meeting of May 1, 1995, the Cupertino City Council granted a negative declaration and approved Application 3-U-95 per Planning Commission Resolution 4603 (minute order) and the subconclusions and:findings contained in the staff report. There was no action taken on Application 3- Z43 (Modified) as the -fire station site was moved to the south, and the rezoning is no longer necessary. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits -dated Revised March 24, 1995, (3 sheets) and the color and material board, except as may %e amended by the conditions contained in this resolution. 2. MODIFICATION OF APPROVED DEVELOPMENT 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 for revised development plan shallbe submitted to the Director of Community Development. If the Director makes a finding that the changes .are minor and `do not result in a material effect upon the appearance of 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. 1 Printed on Recycled Pape- An 8 ft. perimeter wall shall be constructed on the north property line. Noise impacts from portable engine testing shall be reduced to meet noise standards or shall be tested indoors. Noise mitigation measures specified in the noise study (Revised February 27, 1995) and consultant's letter (March 24, 1995) shall be implemented. Construction days and times shall be Monday -Friday, 8 a.m.-6 p.m. If construction noise exceeds noise ordinance standards after employing all mitigation measures, the noise ordinance standards for construction noise shall be changed. • '•1 • 0 *to'•_ �• Utilize Best Management Practices (BMPs) as required by the State Water Resources Control Board for construction activity. which disturbs soil. Direct water run-off into the sanitary sewer system in areas where vehicles are washed. This use permit will be in effect when the Central Fire District takes title to the subject property. Median modifications at these intersections shall not change the existing prohibitions of turns onto and off of Stevens Creek Boulevard for regular traffic. Street lighting shall be installed and shall be as approved 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. Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. ° U ►I ' iscluvoclev The median at the intersection of Vista Drive and Stevens Creek Boulevard shall be modified. TOMEN C 141MININVel Fire hydrants shall be located as required by the city. 11 12. 13. 14 RM Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public ,sidewalks may be allowed in the R-1, R-2, and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on -site storm drainage facilities connected to the city storm drainage. system. If city storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utility Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall coordinated 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. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing the payment of fees, including but no 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. a. Checking & Inspection Fees: b. Development Maintenance Deposit: c. Storm Drainage Fee: d. Power Cost: e. Map Checking Fees: f. Park Fees: 5% of Improvement Cost or $1,744.00 minimum $1,000 $450/acre N/A $381.00 N/A The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a finial map or. issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 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. 15. DEDICATION OF WATER LINE The developer shall execute a quitclaim deed for underground water rights to California Water Company and shall reach an agreement with California Water Company for water service to the subject development. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development staff members for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. The expiration date for the use permit is April 3, 1997. (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, KIMBE MITH, CMC CITY CLERK cc: Department of Community Development Department of Public Works Phillip Savio Pam Sharkey Cupertino Sanitary District Robinson, Mills & Williams, Arch. 20065 Stevens Creek Blvd. 50 W. San Fernando St., Suite 330 Cupertino, CA 95014 San Jose, CA 95113 3-U-95 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4603 (Minute Order) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING TO THE CITY COUNCIL APPROVAL OF 3-U-95 (CENTRAL FIRE DISTRICT) Recommend approval of Site Plans 1-3, dated 3/24/95. The brick section of the front elevation should be redesigned with regard to aestheics from all three sides. Large trees should be planted to provide screening from returning vehicles. PASSED AND ADOPTED this 24th day of April, 1995, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Harris and Vice Chairman Roberts NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mahoney and Chairman Doyle ATTEST: /s/ Robert S. Cowan Robert S. Cowan Director of Community Development /s/ Paul Roberts Paul Roberts, Vice Chairman Cupertino Planning Commission