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U-1989-19b^�ON Of CUPCI 10100 fine Avem- P.O. U0■ 500 Cupwlina• C:alilmnia 95014 Cuperli0u, Calilurnia 95015 101-phwle: 1,100) 252•4505 October 24, 1989 Jerry A. Kler, Architect 1306 Bridgeway Sausalito, California 94965 Subject: Application ASAC 19-U-89 - Jerry A. Kler Dear Mr. Kler: This letter will confirm the decision of the Architectural and Site Approval committee given at its meeting of October 23, 1989. The subject,k application was recommended for denial per the conditions specified in the enclosed copy of ASAC Resolution No. 1502. This application has been forwarded to the City Council for final review at their meeting of November 6, 1989. Sincerely, C' Suzanne Gyorey 1 Planner I Enclosure asac\ltl9u89 ASAC 19-U-89 RESOLUTION NO. 1502 OF '111E ARail I'DOWRAL AND SITE APPROVAL CXJhDUPTEE OF 111E CITY OF CUPE13TIN0 RECOMWMING DENIAL OF BUIIDING COLORS, ROOF M ITRIALS, AND LANDSCAPING FOR A MULA'I-TENANT RE PAIL COUI-11 APPLICANT: Jerry A. Kler PROPERTY OWNER: LaMancha Development Co. APPLICANTIS ADDRESS: 1306 Bridgeway Sausalito, California 94965 PROJDCT LOCATION: NE Corner Stevens Creek Blvd./Stelling FINDINGS: The Architectural and Site Approval Committee finds as follows with regard to this application: 1. The proposed building colors and roofing materials are not eonpatible with surrounding developments. 2. The proposed landscaping is acceptable with the exception of the liquid ambar trees. PASSED AND ADOPTED this 23rd day of October, 1989 at a regular meeting of the Architectural and Site Approval Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: MEMBU[S: Gong, Jackson, Mann, Chairman Miller NAYS: MEMBERS: None ABSTAIN: MEMBERS: None ABSENT: MEMBERS: None ATTEST: /s/ Suzanne Gvorev Suzanne Gycrey Planner I asac\rsol9u89 /s/ Martin Miller Martin Miller, Chairman Archit. and Site Apprvl. Comm. 41 citt) of Cupertino 10300 Torre Avenue Cupertino. California 95014 Telephone: (400) 252.4505 DEPARTMENT Of THE CITY CLERK September 20, 1989 Jetty Kler, Architect 1306 Bridgeway Sausalito, CA 94965 P.O. Oor 500 Cupertino, California 95015 CITY COUNCIL ACTION - APPLICATION 19-U-89 - USE PERMIT TD DEMOLISH AN EXISTING SERVICE STATION AND CONSTRUCT A 6,500 SQ. FT. RETAIL BUILDING WITH RELATED SITE IMPROVEMENTS - SOUTHEAST CORNER OF STEVENS CREEK BOULEVARD AND ATE MG MAD This will confirm the action by the City Council at their meeting of �. September 18, 1989 at which your Application 19-U-89 was approved per the following conditions: CONDITIONS MMIISTERED BY THE PUBLIC WORKS bEPARTMFJ7T: Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 2. STREET LIGHTING INSTALLATION 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. 3. FIRE HYDRAPiT Fire hydrants shall be located as required by the City. 4. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the city. 5. STREET TREES 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. �tl Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. ago •R : hL n? 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. 9. UNDERGROUND UTILMES The developer shall comply 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. 10. DEDICATION OF WATER LINES Zhe developer shall dedicate to the City all waterlines and appurtenances installed to city Standards and shall reach an agreement with San Jose Water Works for water service to the subject development. 11. APPROVED EXHIBlIS The recommendation of approval is based on Exhibits ER1, M2, and Landscape Plan, except as may be amended by the Conditions contained in this Resolution. �� I � � • • I� IM 3-2-W % The project developer shall enter into a development 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 undetjrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 13. TWSFOFAtQtS 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. 14. MODIFICATION OF APPROVED DEVELOPMENT PIAN 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 may appeal to the Planning ccmmnission. 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 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 (10) days from the date of approval of said charges by the Planning Commission. 15. USE LIMITATIONS -- (GENERAL OCTAL) Permitted uses may include all uses allowed without the securing of a Use Permit in the city of Cupertino Or. (General commercial) zoning district. All other uses requiring Use Permit review in the 03 zone shall require Use Permit review in the subject Planned Development 14 Zone. 16. LANDSCAPE REVIESJ The applicant shall submit a comprehensive landscape planting plan for informal review by the Architectural and Site Approval Committee prior to issuance of building permits. 17. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the city Attorney. 18. NOISEMAKING DEVICES No public address system or paging system, powered megaphone or similar noisemaking device shall be permitted outdoors at any time. 19. RESIDFTiLZAL SEPARATION A 6 ft. opaque wood fence shall be provided along the property line adjacent to the neighboring residential properties of the fence are to be included in the permit drawings and must be approved prior to issuance of a building permit. 20. INGRE,SS/DGRESS EASEMENTS The developer shall record an approximate deed restriction and covenant running with the land subject to approval of the city Attorney, which shall provide for future necessary reciprocal ingress and egress easements to and from the properties to the east and south. Said deed restriction to be recorded prior to issuance of any building permits. 21. DISPLAY RESTRICTION Window display of merrhandise on the Stelling and Stevens Creek frontages shall be configured to avoid obscuring views into the sales area from the public sidewalk. Temporary window signs on these frontages shall not obscure more than 10% of the glazing area. 22. BMLDING LOCATION The building shall be moved 10 ft. to the south and 3 ft. to the east. 23. ARCHITECTURAL AND SITE APPFOPAL COPIIQTTEE REVIEW Zhe Architectural and Site Approval committee shall review roof samples, colors and landscaping. The application with then be sent back to City Council to be heard on the Consent Calendar, and a roof sample shall be provided at that time. Please review conditions carefully. If you have any questions regarding the conditions of approval please contact the Deparbnent of o m unity Development staff m tiers for clarification. Failure to Jrx=porate 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 September 18, 1991 (Section 6.4 k of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, fi DOROM CORNFLIUS, CMC CITY CLERK cc: Department of Community Development Department of Public Works Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 La Mancha Development Co. 130 Webster St., Suite B Oakland, CA 94607 41 19-U-89 C I T Y O F C U P E R T I N O 10300 Torre Avenue Cupertino, California 95014 RE90LLMCN No. 4193 OF THE PLANNING COWUSSION OF MiE CITY OF CUPFRrM REO" ENDING APPROVAL OF A USE PE*= TO DEMOLISH AN EXISTING SERVICE S=CN AND OCNStRIJCT A 6,500 SQ. FP. RETAIL BUILDING WME RELATED SITE d14FR0VE' WS SECPION I• FINDINGS WHEZFA.S, the Planning Ccumission of the City of clnpertino 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 finis that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan oflu 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 accommodate 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 nit 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. NOF1, TfiE IUME, BE TT RE90LVED: 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 subconclusiens upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record Ong Application 19-U-89 as set forth in the Minutes of the Planning cm nission Meeting of September 11, 1989, and are incorporated by reference as though fully set forth herein. J 4' Resolution No. 4193 (19-U-89) 9/11/89 Page -2- SECTION II• PflIDGT DATA: Application No(s) 19-U-89 and 24-EA-89 Applicant: Jerry A. IQer Property Owner: La Mancha Development Co. Location: HE Corner Stevens CreeMllina SMTION III: CONDITIONS ADMINISTE2ZED BY THE PUBLIC WORKS DEPARIl�: 1. CURB AND GUMT11 IMPRC7VQ�NIS Curbs and gutters, sidewalks and related structures shall be installed in acoordance with grades and standards as specified by the City Engineer. 2. STREET LIGHTING INSfALTATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positicrwd so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maxim= height permitted by the zone in which the site is located. 3. FIRE Fire hydrants shall be located as required by the City. 4. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 5. SIRFEP TREES 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. 6. GGPAD Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. 7. DRAINAGE 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 eopvnected 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. Resolution No. 4193 (19-U-89) 9/11/89 Page -3- The developer shall comply 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. 'Ihe developer shall submit detailed plans showing utility underground provisiats. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. r r a• : Y • AM"No the developer shall dedicate to the City all waterlines and appurtenances installed to City standards and shall reach an agreement with San Jose Water Works for water service to the subject development. The recommendation of approval is based on Exhibits Ml, EFQ, and Landscape Plan, except as may be amended by the Cbnditians contained in this Resolution. .w. The project developer shall enter into a development 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 issuance of construction permits. 13. 7 Ft�1NSFt3FdffRS Electrical transformers, telephone vaults and similar above grand equipment enclosures small be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 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 Directr of Planning and Development. If the Director makes a finding that the dwges are minor and do not result in a material affect upon the appearance or ftmctien of the project, said chantms may be certified on the revised plan. If approval of said danger is withheld, the applicant may appeal to the Planning Commission. 14, Resolution No. 4193 (19-U-89) 9/11/89 Page -4- If the Director finds that the requested changes are material, such changes shall be referred to the Planning Oomission for approval. If the changes are denied by the Planning ocamisaion, the applicant may appeal to the City Council as provided in City Crdinanoe No. 652. If said changes are approved by the Planning Commission, an appeal may be made to the City Cm=il by any interested party. Further, any Member of the City Council may request a hearing before the City council regarding said approved dharges. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Comission. Permitted uses may include all uses allowed without the securing of a Use Permit in the City of Cupertino Cv (General Commercial) zoning district. All other uses requiring Use Permit review in the CG zone shall require Use Permit review in the subject Planned Developrent Zone. The applicant shall submit a comprehensive landscape planting plan for informal review by the Architectural and site Approval Ccnmittee prioi+ to issuace of building permits. A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or mci e other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shill be subject to prior approval as to farm and content by the City Attorney. No public address system or paging system, powered regaphane or similar noisekOdnlg devioe shall be permitted outdoors at any time. A 6 ft. opaque wood fence shall be provided along the property lime adjacent to the neighboring residential properties of the fenoe are to be included in the permit drawings and must be approved prior to issuance of a building permit. r �LaC �._ OC• ti. Y• 7 ID `Ihe developer stall record an approximate deed restriction and covenant running with the land subject to approval of the City Attorney, which shall provide for future necessary reciproml ingress and egress easements to and from the properties to the east and south. said deed restriction to be recorded prior; to issuance of any building permits. i ti, Resolution No. 4193 (19-U-89) 9/11/89 Page -5- by r;vo,.i5-Y1 Window display of merchandise on the Stalling and Stevens creek frontages shall be configured to avoid obsc>ttring views into the sales area fray the public sidewalk. Temporary window signs on these frrntagea shall not obscure more than lot of the glazing area. PASSED AND ADOPPED this llth day of September, 1989 at a Regular Meeting of the Planning Ow fission of the City of Cupertino, State of California, by the following roll call vote: AYES: COEMISSICNERS: Claudy, Szabo, Sorensen, Mackenzie, Chairman Adams NOES: CCMrIISSICNERS: None ABSTAIN: COMMISSICNERS: None ABSENP: O:FMSSICNERS: None /s/ Robert CoFAW /s/ Victor Adams Robert Gowan Victor Adams, Chairman Director of C WMJrLity Development Cfpertino Planning Commission ,k \peresos\rsol9u89 11' MA I I �I If 1 a 1� 1„ e — Jerry alien kler, architect RETAIL SHOPp1NQCFNTER._- 0 � E cowwaw w anrawa ana am a nwsn wo.n aiarrao. u � _ ,P�-Olr�I `I -y�` ' ♦p` architecture .planning ! A I�NCIH ACV QOI�T' CO. , '— —• " -.1 I wa. c.uw.wu wcee 100 %USTEA &T. Bllr! C OAKLAND, Gl 9/60T luij m 3116 - fJ-�Pf35C7 Jf.�+1 C.�/oT' �S sf�t�7u�Lf N"✓.ri . �+.'L' r � {:I �� 1 I , 'EXTERIOR FINISH SCHEDULE True YATFRML FWtSN POLOR REYAAKs ruO�.q uvr mY Anm 0o 4 uo P—M arrro DMM n ue r0 r Pu TO Boa lT — EXTERIOR ELEVATIONS 1/8--l' - _— - NORTH 1 po US •�: �� { _ � its _ KIT, .� R EAST - enwmy a■ns wEsr DR2 . pol, . OD I 9 All it 5 �` am E'�. z ITT:. RETAIL SHOPPING Z � CENTER NE. COINER - D/EVEN. CREEK KVD. and MELLING RD, m � � LA MANCHA DEVELOPMENT SINGER & HODGES, Inc. LANDSCAPE ARCHITECTURE ...J.ca�•I..„•aa(• ' It�u g►r�i$11:'.�D 11�1t>a'1�artrm�. _ ".• BAH�ubAa�l�l4A'�)��a WHEREIIOUSP, ENTERTAINMENT, INC. 19701 HAMILTON AVENU(i • TORRANCE, CA 90502.1311 0Rr. -�� '/ '1 f� ' z STEVENS CREEK BLVD. 'I fit C IL PO CUPER7 o (5 �v ' OCROSS- z :I `.. PROJECT SITE I �...� 'Q 2' zRGSADSFI D j j m s� OR ODELLJ NL4 a ¢ N UNRISE N i - �,�� �COL EG NE 5: R ORIG E BMW o SHELLY OR- v{� z` cr '.�---`•-' ! u.: z fQ �- NANCY�� KEY -PLAN i I- �I NORTH