Reso 4269 27-U-89
� C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
! RF,SOI.�TI'ION NO. 4269
�
OF 'I'HE PL,ANNING ��SSION OF � CITY OF CUPER'I'INO
F;EC�VDING APPROVAL OF A USE PERMIT TO
! �AND AN F�STIlIG RETAIL QONB'LEX TO INC�UDE 3 6, 000 S. F.
OF OFFICE/RE'I'AIL SPACE AND 12 DWEL,LIl�1G LJNITS,
I INCLtJDING 4 TJNITS OF AFF'ORDABLE HOUSING FOR SFI�IOR CITIZII�JS
SECTION I • FITIDINGS
I
W�FAS, the Planning Co�nnission of the City of Cupextino received an
application for a Use Permit, as described on Page 2 of this Resolution;
arxl
WI�FAS, the applicant has met the kxarden of proof required to support
said application; and
� WI�2FAS, the Planning Cr�nnnission finds that the application meets the
' followirig require.ments:
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 propexty involved is adequate in size and shape to
acco�iodate 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 residinq or
workirig in the neighborhood of such proposecl uses, nor injurious to
property and improvements in the neighborhood.
� NOW, TfiII2g�ORE, BE IT RFSOLUID:
That after careful consideration of maps, facts, exhibits, testimony and
� other evidence suLmitted in this matter, the application for Use Permit is
hereby reco�nended for approval, subject to the conditions which are
ernmterated 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 27-U-89 as set forth in the Minutes of the Planning
I Co�nission Meeting of June 11, 1990, and are incorporated by reference as
though fully set forth herein.
I
I
Resolution No. 4269 (2�-U_gg�
Page -2- June 11, 1990
SECTION II: PRp�7�r p�p�
Application No(s); 27-U-gg � 38_�,_89
Application: Pasadena-Granada Co �
Property Ownex: Monta Vista Center Partners
L�ocation: North side of Stevens Creek glvd. Westex.l of Manri pr,
� awn as "True-Value Harc7ware�� Ct�. �
SECTION III: CiONpITIONS ADMINI
SrI�E2ID BY THE PUBLIC WORKS DEPAR'I�3V�r
�
1 - �P WIDENING
Street widenirlg, improv�� � d�ications shall be
accordance with City Standards � S provided in '
City E�gineex-, I�ifications arxl as required by the
2. CCTRg p,ND GLJTTgZ IlKPROVIIK�]TS
�'�S and gutters, sidewal}cs and related structures shall be installed in
accordance with grades an� 5��.� as specified by the City Engineer, i
3 . �r ��H�'ING INSI'ALLATION
�
Street lighting s,hall be in��ll� ��11 be as approved
�J��'. Lighting fixtures shall be bY the City
°�e�' forms of visual interference to�lo�ned so as to preclude glare and �
higher than the maximt�n hei t � �J PrOl��ies, and shall be no j
located. ��ltted bY t,�e zone in which the site is i
4. FIRE SAFE�ry
Developer shall comply with all fire safet r
City in consultation with the Central Fire Distri���nts specified by the �
5. S'I�I' TR�'�
i
S�'�t tr'ees shall be planted within t.he public Right of Way and shall be of
a type approved by the City in accordance with Ordinance 125.
6. GRADING �
Gradirig shall be as approved arid requir�
with Ordinance 125. First floor finished floor n�shall not�eaceed
24 inches above the highest top of curb elevation on the adjoining Stevens
Cr'eek Blvd. frontage, unless the need for greater elevation is demonstrated
to the City Engineer- for purposes of achieving proper site drainage or
resolving other techrii.cal constraints. �
7. DRAIl�AGE
Drainage shall be provided to the satisfaction of the Cit I
Y Engineer.
Resolution No. 4269 (27-U-89) June 11, 1990
Page -3-
8. UNDII�GROUND UI'ILITIFS
1
The developer shall cvm�ly with the requirements of the Underground
Utilities Ordinance No. 331 and other related Ordinances and
regulations of the City of Ctiipertino, and shall coordinate with
affected utility providers for installation of underground utility
devices. The developer shall sukanit detailed plans showi.ng utility
� underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City �gineer.
9. Il`�ROVII`�VT AGREII`�V'I �
The project developer shall enter into an improvement agreement with
the City of Cupertino providirig for payment of fees, including but not
limited to checking and inspec•tion fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
� However, all or part of this condition may be waived in consideration
of providing affordable housing units, as directed by the City
' Council.
10. 'IR�NSFORMERS
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.
CITY INGINEER'S C'F�TIFICATE OF
` ACCEPTANCE OF INGIlJEF�EtIl�1G/SURVEYING CONDITIONS
1 (Sec,-tion 66474.10 CA. Gov't. Code)
, I hereby certify that the engineering and surveyirig conditions specified
M in Section III of this Resolution conform to generally accepted
engineering practices.
1
Travice Whitten, Asst. City �gr.
SECTION IV: �NDITIONS ADNBNISTERID BY 'IHE OON�IiJNITY DEVELiUUF�I'I' DF�'I'.
11. APF�ROVID �IIBITS
The recannne.ndation of approval is based on the sheets 1 through 11
I dated 05/25/90 of Application 27-U-89, except as may be amended by the
Conditions contained in this Resolution.
12. FIRE ACCESS LANE'S
�
F�s�gency fire access lanes shall be recorded as fire lane easements
on the final map arid shall meet Central Fire District standards.
�
Resolution No. 4269 (27-U-89)
Page -4- June 11, 1990
13. PIDE5I�tIAN EA��
P���'i�n easements ovex the sidewalk area shall be re
developer, a p pared b
S � ,� pproved by the City Attorne y � e
J property prior to issuance of build' � r�orded against the
�J P�'mits .
14. AFF'ORDABLE LJIVITS/CONDONIINII]M nr�rISION
The propexty �� �11 record a deed restx on 4 dwelli
reserving them for affordable rental n5 Units
accordirig to the te,rms of a su 1 ��� �' �ior citizens
City Council, � PP emental agreement approved by the
supplemental a b y the City Attorney prior to recorclation. Said
��� y�'eement shall restrict occupanc�, of said units for a
period of 20 years,
The remairiing g units m�Y divided for resale as condominitun units at
the discretion of the developer or vwner, There shall be at least one
(1) additional lot held iri common ��.�i
interior partitions may be modified subject to a p ovala�nt of
City participation in cost underwrit� of I
eldexly residents, such as elevator installat as ell as wa�l��
reduction of fees or other benefits, shall be approved by City Council
at the Precise plan stage based on reco�nnendation of the Senior
Citizen/Handicapped person �� ��ttee.
15. ACOUSTICAL gARRIg� �
The developer shall i.nstall a solid acoustical �aarrier maso
at the southexly and westerl ( nry wall)
Oakdell Ranch subdivision. The barrier hall ���iadjacent to the
an effective 6 foot height above highest ad'oin' �� to attain �
along its reach. 7 ing grade at any point
16 PARKING
The developer may be requi�.� to in��ll additional
beyond the miniirnun nwnbe,r described on sheet 3 if the Ci�ty determin I
that additional parking is necessary, The determination shall be made
following a public hearincJ bY the plann'
Council, and based upon su�anittal of a r p� d�r . . and City
deficiencies. If additional parkirig is r ��
i n� talled within six (6) months of the close of th�e p�li� �,s�ll be
17. CIRCIILATION RESI'RICTIpNS
The developer shall install a c�hain barrier at the west er�d of �
service yard beh� �e �isting conunercial structuz for
limiting access to said area for delivery/service activt y�and to
prevent through traffic access.
Delivery activity is restricted in accordance with the Nh.u�icipal Code.
Ftesolutiaai No. 4269 (27-U-89) June 11, 1990
Page -5-
18) LAND6CAPING
I The developer shall install the s�me rnm�ber of trees on the north
perimeter as oonceptually ir�dicated on Sheet 3, ar�d shall offer
installation of additional tree�s in this area far installation oai
adjaoent p�ivate lots where such trees are desired bY � Pr�Y
owt�ers.
�
19 ) ORDII2 OF OONSrR[JCI'ION
Remodelir�g of the existing shc�ping center buildir�g shall be c:ce��pleted
prior to oa�ipancy of the easterly resideritial/oan�nercial building.
20) USE T,Tr�rr�rA�r*r�
Th,e subject use permit authorizes a maxim�n p�esenoe of 36,000 s.f. of
retail spaoe, � to one third of which may be c�evat.ed to of f ioe use,
� with restaurant oocupancy limited a000rding to � for nat more
than 27 parking space.s. Residential use is restricted in aocordanoe
' with C�oi�ditioaz 14 above.
21) TRASEi ENQA6URE
Zhe develc�ment plan shall be revised to ir�dicate installation of wir�g
walls on th�e north elevation of the main c�a�nercial building to
enc�anpass plaoe�nent of trash containers for use of building tenants.
� PASSID AND ADOPTID this llth day of Jt�ne, 1990, at a Regular Meetirig of
the Plannir�g �mission of the City of Cupertino, State of California, by
( the follcywir�g roll call vote:
AYF�: oC[�'�IISSIOI�2S: Mann,Ad�n�, CY�r. Claudy
� NOES: CJCM�IISSIODTIIZS: Fazekas
ABSrAIl�I : OCI�P�IISSI0NII2S : None
ABSII�: oCM�IISSI�.S: Mackenzie
A'I'1'F�'T • AP'P�VID :
� �s/ Robext Cvwan Ls/ John claudy
Robert Oowan Jd�n Claudy, Chairnan
Direc,�tor of Camunity Develop�nent Gl�ertino Plannir�g Ca�nission
(
parresos\rso27u(2)
�
I
�