Reso 4241 28 U-89
C I T Y O F C U P E R T I N O
� 10300 Zbrre Avenue
Cupertirlo, Califo�rnia 95014
' RF�OL�TI'ION No. 4241
OF TI� P'LANNING OQbIl�SSION OF Tf� C�I'Y OF GUPIIZTIlIO
� R�OC�3IDING AP'PRf�VAL OF A 5, 947 SQ. FT. MULTI-'I'F31ANr
RETAIL BUIIDING Wl�i R� ATID Il�'R(JVII�3J'I5 IN A
I PLANNID DEVELAPi�3�Tr ZONING DISTRICT
S�C:TION I • FIl�IDINGS
W�RE'AS, the Planning C,amnission of the City of Cupertino rec;eived an
application for a Use Permit, as described on Page 2 of this Resolution; and
1 WI-�2F'�AS, the applicant has met the burden of proof required to support said
application.; and
� Wf�RF'JA,S, the Planning Coa�unission firr3s that the application meets the
�
followirig require�arents:
I a) That the use or uses are in oonformanoe with the General Plan of the
City of Cupertino, arid are not detrimental to existing uses or to uses
specifically pennitted in the zone in which the proposed use is to be
� located.
` b) Zi�at the property inwlved is adequate in size and shape to
aoc�romod�te the proposed use.
c) That the proposed use will nat generate a level of traffic ovex and
( above that of the capacity of the existing street system.
� d) 'Il1at the pro�osed use is ath�eYwise not detrimental to the safety,
peaoe, morals and genexal welfare of persons residing or working in
the neighborhood of such p�oposed uses, nor injuriaus to property and
improvemexzts in the neighbarhood.
ATOW, 'I.'F��ORE, BE IT RF50L�lID:
That after care�ul oonsideration of maps, facts, e�ibits, testimony and other
evidence su}znitted in this matter, the applicatian for Use P�mit is hereby
rec��aed for approval, subject to th�e conditions which are enwnerated in
this Resolution beginniryg on Page 2 thereof; and
That the suboonclusions upon which the firxlir�gs and oonditions specified in
this Resolution are based ar�d oontained in the Public Hearing reoord oonoerning
Application 28�89 as set forth in the Miriutes of the Planning Oc�unission
Meetir�g of Fe]�uary 14, 1990 and are it�oorporated by refererx�e as thouglz fully
set forth herein.
Re.solution No. 4241 (28-U-89) 02/14/90
Page -2-
�
S�ION II • PRU7DCT DF�CRIP'I'ION
r Application No(s): 28-U-89 ar�d 35-EA-89
Applicant: Morteza Abdollahi
Property owner: same
� Location: 22510 Stevens Creek Baulevard. corner of Foothill
� Boulevard
Paroel Area: .53 Acr'es 23,086 sq. ft.
SF7CI'ION III: OONDITIONS AL�JIS'PII2ID BY Zi� PUBLIC WORKS DEPARIi�3V'I'
1. S`I'REBT WIDII�LIIJG
Street widening, im�rwe�ments arid dedications shall be provided in
� a000rdanoe with City Star�dards ar�d specifications ar�d as required by
the City D�gineer.
I 2. GZJRB AND G'�TITIIt
� Curbs ar�d gutters, siciewalks and related structures shall be installed
in a000rdanoe with grades ar�d standards as specified by the City
� II�gineer.
3. S7'R�I' LIC3�Il�TG INST�A'�'TON
( Street lightir�g shall be installed ar�d shall be as appraved by the City
II�gineer. Lighti.nq fixtures shall be positioned so as to preclude
glare ar�d ather forms of vi.sual interferer�oe to adjo ni r� properties,
arid shall be no higher than the maxi�na heic�t permitted by the zone in
( which the site is located.
4. FIRE HYDR�IIV�I'
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIG�TS
Traffic oontrol signs shall be plaoed at locations specified by the
City.
6. SI'REET TREE'S5
Street trees shall be planted within the Public Right of Way ar�d shall
be of a type appraved by the City in a000rdanoe with O�dinan�e 125.
7. GE2ADIlJG
Grading shall be as ap�oved ar�d required by the City IIigineer in
a000 ' n�e with Ordinance 125.
Resolution No. 4241 (28 i�89) 02/14/90
Page -3-
�
; 8. DRAINAGE
�
� Drainage shall be provic�ed to the satisfactian of th�e City �gineer.
9. N�C)1�Y �I�
1
�e masonry wall shall be maintained an the project's mutual boundary with
� residerYtially zoned ar� used property. Said wall sl�all be raised to an
effective heic�t of at least eight feet as measured frcQn highest adjoining
9ra�e-
10. iAVD�IND iTI'ILIZ'IF�
Tt�e c�ev+elo�er shall oomply with the of the Undergrow�d
Utilities Ordinai�oe No. 331 and othex related Ordinanoes ar�d regulations of
� the City of CXipertino, ar�d shall 000�dinate with affected utility prwiders
far installation of utility devives. The developer shall
I suhnit detailed plans showir�g utility undergraund p�avisions. Said plans
shall be subject to prior appraval of the affec.�tred Utility provider and the
City E�gineer.
11. DEVELlJPN�1T AGRE�IT
The p�oject developex shall enter irit�o a develapr�nt agreement with the
City of Cxapertino providirig for payment of fees, including but not limited
to checkirig ar�d inspec.-tion fees, st,ana drain fees, park dedication fees and
fees far u of utilities. Said agree7nent shall be executed
prior to issuanoe of oonstruction permits.
12. 'I'RANSFOFd�2S
Electrical transformers, telephoi�e vaults ar�d similar above ground
equipment enclosures shall be screened with fencing arrd lar�dscaping or
located such that said equipoment is not visible fran public
street areas.
N. ODNDITIONS A�TISTII2ID BY THE �+IlKUNI�'Y DEVELAPN�fr DE�AR�
13. APPFtf�VID �IIBITS
The reow�nnerxlation of approval is based on �.ibits A-1, A-2, A-3 aryd oover
sheet all dated 10/25/89, exoep�t as may be amended by the Cor�ditions
oontained in this Res�olution. Window areas shall not be blocked with
opaque matpxials.
14 . USE T �''�'A'm'ONS -- (GENII2AL OOM�CIAL�,
Permitted uses may include all uses allowed without the securing of a Use
Permit in the City of Clipertino oG (General �►ercial) zoning district.
All other uses requiring Use Permit review in the OG zone, including those
i activities which enoam�ass food servioe or oanvenienoe grooery stores shall
be subject to a separate Use P�ermit appraval. Zhe linutation on food
service is due to inadequate site parkir�g, traffic, noise and odor froan
trash.
Resolution No. 4241 (28�89) 02/14/90
Page -4-
i
15. DII��ITION RDQUIRII�1�
► All existir�g � the site shall be re�mved prior to or
co�ncurreritly with project ooaLStruction. Zhe develo�s shall assLm�e the
respor�si.bility to obtain all required de�rolitian permits in avoordance with
' City Ordinanoes.
� 16. N�DIFTCATION OF APPROVED DEVII(JPrgNr PZ,AN
In the event that the applicant ar� subseqwesit property owner shall desire
to make arYy minor c,har�ges, alterations or amer�rnxit of the approved
development plan, a written request ar revised develolsnent plan shall be
suY.mitted to the Director of Plannir�g ar�d Develap�nent. If the Director
makes a f inding that th�e cY�anges are mirior ar�d do nat result in a material
� affect upon the appearanoe or futx.�tion of the project, said changes may be
oertif ied oa� the revised plan. If approval of said cY�t�ges is withheld,
� the applicant may appeal to the Plannir�g C.o�miission.
If the Director finds that the requested char�ges aY'e material, such changes
, shall be referred to the Plannir�g Oce�unission for approval. If the changes
are denied by the Planning Cc�amission, the applicant may appeal to the City
Cotulcil as p�rovided in City Ord.in�noe No. 652.
If said ct�viges are approved by the Plannir�g Ccarnni.ssion, an appeal may be
1 made to the City Council by ariy interested party. Further, any Member of
the City Cbuncil may request a hearing before the City Cbuncil regar�ding
I said appraved char�ges. Said request shall be made within ten (10) days
frosm the date of approval of said changes by the Planni.r�g Ca�anission.
17. DF�'Il�II.filVE DEVECAPT�fr PLAN
i
The approved e�iibits referenoed in Cor�dition 19 above shall oonstitute the
definitive developoment plan for the sites Planned Devel�zt Zonirig, as
required under Section 4(b) of Ordinanoe No. 618.
18. PRDCISE DEVIIAF�r PLAN REVIEW
As part of the precise presized c1evelc�Cner►t plan required w�der Section IV
(C) of Ordinanoe No. 618, the d�eveloper shall obtain fornial Architectural
Site and Appraval Ck�rmittee appraval of a building layout ar�d oo�nprehensive
plariting ar�d site lic�tir�g plan, definitive bu.ildir�q materials and oolor
palette, lar�dsc,apir�g ar�d site lic�tir�g plan, in a000rdanoe with the
follvwing direction:
A. Landscaping alor�g the narth portion of the site along Stevens Creek
r frontage shauld be benned. �,e use of dra�qht resistant plantings
stw�,tld be applied as mich as possible. ,
B. Mature lar�d.scapirrg shoul.d be ir�oo�po�ated to the south ar�d east
portions of the parvel reducir�g visual i�acts to the adjacent
' residenoes.
Resolution No. 4241 (28-U-89) 02/14/90
Page -5-
C. Zhe Architectural Site and Appmaval C7oenm.ittee shall review the type of
light fixture prono�ed in each location with particular regard for the
sduth and east elevatioaLS of the bui.ldir�g. Fixtures placed in this
area shall be adjustable to ensure adequate protection of residences
frcem intru.sive effec.�ts of glare. Lighting in the parkir�g lot shall be
� of a white tint, rather than arange or yellow.
� D. The trash enclosure shall be fitted with solid doars, ar�d a roof over
the enclosure unless the A.S�,C is oonvirrced that such covering is
technically infeasible and h��ers pickup of the oontainers placed
therein.
19. PAF2I�TG
A mininaun of 29 spaoes shall be pmavided on the retail site. Parking for
► retail u.ses shall be provided at 1 spaoe far 200 sq. ft. gro�s floor area.
Parking spaves shall be available to the eritire oent�x arid shall not be
� marked as reserved far ir�dividual t�en�zts.
20. SIGN PROQ2AM
1
Sign information i.rrdicated oai the app�wed exhibits ar�d Condition 18 above
shall be subject to separate review ar�d approval by the Architectural Site
aryd A�proval Cat�mittee.
� Zi. xAZ�ous rm�As
( The owner mast nave
p�paY'ed � bY a regi..�ctered hazardaus materials
expert (s) , a report asse.ssir�g the amauYt and type of hazardaus materials
oontaminatian. The developer shall o�btain a�prc�iate oertification of
satisfactary clean up ar�d m�nitorir�g priar to issuance of a builcling
permit.
22. �IT DOORS '
No exits are alla�d at the sauth elevation.
PASSID AND ADOP'I�D this 14th day of Feh�uary, 1990 at a R�egular Meeting of the
� Plannixyg Ooa�nission of the City of Ctiipertino, State of California, by the
follawir�q roll call vate:
AYES: OCi�Il�SSIO�JII�S: Mackenzie, Adan�s, Fazeka.S, C�r. Claudy
� NOES: oCt�+Il�IISSI�.S: Mann
ABSrAIN: OC1�Il�IISSIONE�?S: None
ABSIIJ�: aCY�+Il�IISSIONERS: None
� , � �
A'I'1�ST. APPRpVID.
/sf x�bert co�nn �s/ Jc�hn Claudy
� Robert Qow'an John Claucly, Ct�airman
Director of Plannir�q C�ertino Planning Do�antission
peresos/rs2sus9