Reso 4399 3-U-92
C I T Y O F C U P E R T I N O
( 10300 Torre AveaYUe
Cupertino, California 95014
RF50LUI'ION No. 4399
� OF 'IHE PLANNING OOrM�IISSION OF TI� CITY OF CUPERTINO
RF70�Il�IDING APPROVAL OF A USE P�T FOR 2, 370 SQ. FT.
FIAWII2 AND PRODLJCE SPORE IN AN �STING SHOPPING CIIVTER
SF7CTION I• FINDINGS
I
� Wf�iII2F,AS, the Plannixig Cxarnmission of the City of Cupertino received an
application for a Use Permit, as de��cribed on Page 1 of this Resolution; and
( WI�2FAS, the applicant has met the burden of proof required to support said
application. ; arid
� WHERF,AS, the Planning Cc�nission finds that the application meets the
followirig requirements:
� a) That the center was built prior to 1973, therefore, the center is e.xempt
frcan the Traffic Intensity Performanoe Standard.
b) That the project will not cause any substantial environme.ntal ing�acts.
c) 'Ihat the property and building irivolved is of adequate size and shape to
acoonmiodate the proposed use.
� d) 'It�at the uses are in conformance with the General Plan, Zoning and
Stevens Creek Conceptual Plan of the City of Cupe.rtino.
NOW, ��ORE, BE IT RFSOLUID:
1
That after careful consideration of maps, facts, e�ibits, testimony and other
evidenoe su�iitted in this matter, the application for Use Permit is hereby
reco�nended for approval, subject to the conditions which are enwnexated in
, this Resolution beginning on Page 2 thereof; and
That the subc�.onclusions upon which the findings and conditions specified in
� this Resolution are based an�d contained in the Public Hearing record concerning
� Application 3-U-92 as set forth in the Minutes of the Planning Co�nnission
Meetirig of Marc,h 9, 1992, and are incorporated by reference as though fully set
forth herein.
SF�GTION II • PRO�T�CI' DESCf2IPTION
�
i Application No.(s): 3 U-92 and 3-EA-92
! Applicant: Ron LacJcey
Property Owner: Ron Lackey
Loc,ation: 10021 South Blaney Avenue
Resolution No. 4399 (3-U-92) March 9, 1992
Page -2-
� SE7CI'ION III: OONDITIONS ADNIII�iIS'I�2ID BY 'IHE COMMUNITY DEVEfAPN�Fr DEPT.
l. P,PPR�JVID �IIBITS
( Zhe recoatnnexidation of approval is based on �ibit Phase 1 Site Plan, dated
February 16, 1989, of Application 3 U-92, as it relates to Blaney Center
and the proposed retail use only. The other details on the plans regarding
Hfamasushi Restaurant and other improvements are not applicable to this Use
Permit.
I 2. APPROVID USFS
1 Stiibject Use Permit authorizes oa.'upation of 2,340 sq. ft. for the purposes
of retail sales of produce and flowers aryd related items. Wholesale
activity is prohibited. Any conditions related to Resolution No. 4131 and
City Council action letter dated November 2, 1988, remain in affect.
( 3. MODIFICATION OF APPROVID DEVELrJPN�I'I' PLAN
In the event that the applicant or subsequent property owner shall desire
� to make any minor changes, alterations or amenchnent of the approved
developanent plan, a written request or revised development plan shall be
su�enitted to the Director of Coa�m�unity Develop�ealt. If the Director makes
a finding that the changes are minor and do not result in a material affect
u}�on 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 Connnission.
' If the Director finds that the requested Ghanges are material, such Ghanges
shall be referred to the Planning Cdmmission for approval. If the changes
are denied by the Planning Coatunission, the applicant may appeal to the City
Council as provided in City Ordinance No. 652.
� If said changes are approved by the Planning Cammission, an appeal may be
� made to the City Council by any interested party. F'urther, any Membex 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 changes by the Planning Co�umission.
� 4. PARI�TG
` The applicant shall designate one handicap parking space as determined by
the Buildirig Depaztment in coordination with the State of California.
� 5. F'II�TCING
�
A chain-link fenoe shall be placed separating the Blaney Center parcel and
the adjoining undeveloped parcel south. Fence placement shall occur prior
to occupation of the building by the applicant, the purpose of the fence
( separation is to discourage trash aoc�mtulation and storage of inoperable
vehicle parking.
Resolution No. 4399 (3-U-92) March 9, 1992
Page -3-
6. SIC�GE
In conformance with the Cupertino Sign Ordinance, Sections 17.24.60(b),
� 17.24.270 , a Center Sign Program, shall be filed within 60 days of this
M approval.
7. TRA.SH ENQAS'(JRE
The applicant shall install a trash enclosure on the site. The enclosure
shall be designed to integrate with the existing building. The location
and design shall be ap�roved by staff prior to issuance of building
permits .
PASSID AND ADOPTID this 9th day of March, 1992 at a regular meeting of the
Planning Conanission of the City of Cupertino, State of California, by the
follawing roll call vote:
AYES: N�ERS: Austin, Mackenzie, Mahoney, Mann and Chairman Fazekas
NOFS: r�ERS: None
� ABSTAIN: r�IIZS: None
ABSIIVT: r�ERS: None
A'1'rF.�I': APPROVID:
�U�� ��
Robert Cowan Daryl z , irman
� Director of Go�mtunity Developanexlt Plannirig Co�rnnission
1
pcxesos/ 3u92
I
I
I
i
I