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U-1992-09bCitm of Ctiperti►io 10300 Torre Avenue Cupertino, CA 95014.3255 Telephone (408) 252-4505 FAX: (408) 252.0753 COMMUNITY DEVELOPMENT October 13, 1992 P.O.80■ 5W Cupertino, CA 95015-OSOO Charles Fang 1444 Pollard Road Los Gatos, California 95030 Subject: Application 9-U-92 - Charles Fang This letter confirms the decision of the Cupertino Planning ctumission, given at its regular meeting of October 12, 1992 to approve the subject application according to the findings and conditions specified in the enclosed copy of Planning Ccnmdssicn Resolution No. 4428. Please note these conditions carefully. subsequent submittal of materials for building permits or other entitlements will be checked for compliance with the oonditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you have questions about this matter. Please be aware that an appeal of this decision can be made within fourteen working days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. OF FATIM `f Michele Bj Cotmminity Development Department Enclosure letters/9u92 9-U-92 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4428 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR A 2� SQ. FT. RETAIL BUILDING ;S ry SECTION 1; FINDINGS WHEREAS, the Planning Commission 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 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 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. e) The placement of one residential unit is consistent with the General Plan goals for housing. 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 subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 9-U-92 as set forth in the Minutes of the Planning Commission Meeting of October 12, 1992, and are incorporated by reference as though fully set forth herein. Resolution No. 4428 (9-U-92) October 12, 1992 Page -2- SECTION 11; PROJECT DESCRIPTION Application No(s): 9-U-92 Applicant: Charles Fang Property Owner: Moreno Moses Project Location: 10036 Peninsula Boulevard SECTION ll CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING 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 GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. The improvement plans for entrance drive shall include a depiction of the long term Peninsula driveway approved under Resolution No. 8490. The goal is to appropriately line up the driveways, Preferably, to have one large driveway to be approved by both Public Works and the Planning Department, 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. 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. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. 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. Resolution No. 4428 (9-U-92) October 12, 1992 Page -3- 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. The final grading plan shall be signed by the consulting arborist as in conformance with his report of 9/14/92 and 10/12/92. 8. 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 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. MASONRY WALL A masonry wall shall be provided on the project's mutual boundary with residentially zoned or used property. Said wall shall be at least six feet in height as measured from highest adjoining grade. The foundation for this wall shall not impede the long term health of the 24 inch pine and walnut tree on the north and east property lines. The plan shall be signed by the consulting arborist to meet this goal. 10. UNDERGROUND UTILITIES 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. 11. 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. 12. FOUNDATION Pier and grade beam foundation is required along the south portion of the building as outlined by the arborist report of 10/12/92. Resolution No. 4428 (9-U-92) October 12, 1992 Page -4- 13. ON -SITE LIGHTING See Condition No. 23 of this Resolution for responsiblities. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) 1 hereby certify that the engineering and surveying conditions specified in Section III of this Resolution conform to generally accepted engineering practices. Bert Viskovich, City Engineer' SECTION TV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 14. APPROVED EXHIBITS The recommendation of approval is based on Exhibits Site Plan, Sheet 1 and Elevation Plan, Sheet 2, and Exterior Light and Color Schedule dated October 1, 1992, except as may be amended by the Conditions contained in this Resolution. 15. OFF STREET PARKING Ten (10) parking spaces are required on -site. Space No. ten (10) space be identified for "resident parking only." 16. INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land subject to approval of the City Attorney, related to the parcel south. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be recorded prior to issuance of the building permit. The ingress/egress shall be implemented at the time the parcel south changes land use, other than an animal hospital. 17. USE LIMITATIONS -- (GENERAL COMMERCIAL) Permitted uses may include all uses allowed without the securing of a Use Permit in the City of Cupertino CG (General Commercial) zoning district. All other uses requiring Use Permit review in the CG zone shall require Use Permit review in the subject Planned Development Zone. Approval of one second story apartment unit. Resolution No. 4428 October 12, 1992 Page-5- 18. TREE PROTECTION The applicant shall provide a plan for preservation of the existing specimen trees on the subject property. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each tree for the duration of construction and activities. The methods must be consistent with the arborist report dated 9/14/92. The final fence, landscape demolition and grading plan shall be signed by the consulting arborist as to be in conformance with his report of 9/14/92 and 10/12/92. The balcony as depicted on the right elevation is not approved. It shall be relocated so it isn't below or in the oak tree canopy. it may be relocated, subject to staff approval either on the east or south building face. 19. LANDSCAPE REVIEW 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. This plan shall be signed by the consulting arborist as in conformance with his report of 9/14/92 and 10/12/92. The landscaping depicted along the south property line shall be removed and applied to the landscaping adjoining the south building line. Accordingly, the driveway shall be shifted south. 20. DEMOLITION REQUIREMENT 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. All tree protection' devices shall be depicted on said plan. The plan shall be signed by the consulting arborist as in conformance with goals of his report of 9/14/92. 21. INTERIOR PROPERTY LINES The applicant shall file an appropriate subdivision map to delete all existing interior property lines. 22. NOISEMAKING DEVICES No public address system or paging system, powered megaphone or similar noisemaking device shall be permitted outdoors at any time. 23. ABANDONED WATER WELLS The property owner shall seal abandoned or unused water wells if the City, after consultation with the Santa Clara Valley Water District, determines that said abandoned or unused water wells have a potential to contaminate the water supply. Resolution No. 4428 (9-U-92) October 12, 1992 Page -G- 24. ARCHITECTURE RE The second story dormer window on the lets elevation shall be opaque or be set back a minimum of 10 R. from the side property line. The glass block identified on the front elevation is not approved and shall be replaced with a traditional Queen Anne or Victorian window style, to be approved by ASAC. 25. PARKING LOT LIGHTING Only the lighting depicted on the plan is approved. Any other parking lot lighting shall have the fixture type, location and luminance data approved by the Architectural and Site Approval Committee as in conformance with the Monta Vista Design Guidelines and other related Ordinances. The Public Works Department shall assure no off -site glare of visual impact to adjoining uses. 26. SIGNAGE Final signage plans shall be approved by the Architectural and Site Approval Committee as in conformance with the Monta Vista Design Guidelines. PASSED AND ADOPTED this 12th day of October, 1992 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, Mackenzie, Mahoney, Mann and Chairman Fazekas NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: /a/ Robert Cowan Robert Cowan Director of Community Development 9:kPcres0s\9u92 APPROVED: /s/ Daryl Fazekas Daryl Fazekas, Chairman Planning Commission Monts Vista Photo Exterior color schedule Roof --_fiberglass shingles, dark grey Walls stucco & horizontal siding Trim & gutter Canvas awning with white lettering for sign Exterior light --- "Dynacom" ART o2000, black APPROVED CITY COUNCIL Signed a Date PI.A NI tiiiSS;O Signe Date _0ll_`�Iq_ ..._ ARCH. & `:C.... :L Sigrsd Date r =S i - T 6 P L fa 1-.t '-- ....- vi'-tie• 1 1 �t f I i 1 APFriOVED a 7 COUNCIL I ILL, A. Sign.ci � Y T.M•lawl.. ! •.•..• M♦ 1 '�•Ii.IaON V.wIY a+• Date— BLVD. 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