Reso 4406 3-U-92 (Modified)
C I T Y O F C U P E R T I N O
, 10300 Torre Avenue
G1,zpertino, California 95014
�
RF507�TrION No. 4406 (Atneryded)
OF TI� PLANNING C�C�IISSION OF TF� CITY OF GUPEKI''Il�10
APP1�V'.II�TG A USE P�.'I' NI�DIFICATION 'PO INSTALL ROLLrUP WIl�IDO�WS IN
� F:r �mrON OF A PRODiJCE SPORE IN AN F�S"I'ING SS[�OPPING CIIV'I'II2
,
SDCTION I: FINDIl�TGS
1
WHERE'AS, the Planning Cca�nnission of the City of G'upertino reoeived an
application for a Use P�mit, as described on Page 1 of this Resolution; and
� W�F,AS, the applicant has met the burden of proof required to support said
application.; and
W�',AS, the Planning Conm►ission finds that the application meets the
follawing requiremexits:
a) That the center was built prior to 1973; therefore, the c�enter is exempt
frosm the Traffic Inte.nsity Performance Standard.
b) That the project will nat cause ar►y substantial envirorm�ntal imipacts.
c) That the praperty ar�d kuilding inv+olved is of adequate size ar�d shape to
acvo�nnodate the proposed use .
, d) That the use is in conformance with the General Plan, Zoning and Stevens
( Creek Conoeptual Plan of the City of C'upertino.
NOW, �nRE, BE IT RESOL�7F�:
That after careful consideration of maps, facts, e�ibits, testimoriy and other
evidenoe su}snitted in this matter, the application for Use Pexmit is hereby
r�ed for approval, subject to the coryditions which are enimierated in
this Resolution be�ginning on Page 2 thereof; aryd
'I'hat the subconclusions upon which the firydings and conditions specified in
this Resolution are based and oontainecl in the Public Hearirig rec:ord ooncernirig
Application 3-U-92 as set forth in the Minutes of the Plannirig Ccannitission
Meeting of April 27, 1992, and are iricorporated by refereax�e as though fully
set forth herein.
SDCI'ION II • PROJDCI' DESCRIPTION
Application No.(s): 3 U 92 and 3-EA-92
Applicant: Ron Iackey
property Owner: Ron Lackey
I�ocation: 10021 South Blaney Avenue
R��olution No. 4406 (3-U-92 r�odified) May 12, 1992
Page -2-
SDCI'ION III: OONDITIONS AI�IISI�2ID BY � aCi�M�UNITY DEVF�API�'I' D�T.
l. APPROVID �IIBITS
The reo�ation of appraval is based on �chibit Phase 1 Site Plan, dated
Fe.b�vary 16, 1989, ar�d C�arison Elevatioa�s dated 3/25/92 of Application
3 U 92 Modified. The details on the Site Plans regardirig Hamasushi
Restaurant and other i�rwements are nat applicable to this use permit.
2. �PxovID vsES/xor�rrvP DooRs
i
Subject Use P�exmit authorizes installation of tw�� roll-up doors as depicted
in the Elevation Plans. The roll up doors shall be closed between 9 P.M.
( and 8:00 A.M. daily. This Use Fermit does nat authorize the display of
products outside of the structure. Conditions related to Resolution No.
4131 and City C�uicil action letter dated Navember 2, 1988 and March 19,
1992 remain in effect.
3. MODIFICATION OF APPROVID DEVELOPN�FI' �`LAN
In the event that the applicant or subsequent prcyperty vwner shall desire
� to make any minor changes, alterations or amer�hnent of the approved
develap�me.nt plan, a written request or revised develop�nent plan shall be
su�itted to the Director of Ca►mnanity Develap�ment. If the Director makes
a findirig that the changes are minor and do not result in a material affect
, upon the appearance or function of the project, said chariges may be
certified on the revised plan. If appraval of said changes is withheld,
the applicant may appeal to the Planning Ccarnnission.
�
` If the Director finds that the requested changes are material, such changes
shall be referred to the Planning Cc�nnission for appraval. If the changes
are denied by the Planning Coa�unission, the applicant may appeal to the City
I Ca�uzcil as prwided in City Ordinance No. 652.
� If said changes are appraved by the Plannirig Cwtunission, an appeal may be
made to the City Council by any interested party. F�arther, any Member of
� the City Ca�uicil may request a hearing before the City Council re�garding
said ap�praved changes. Said request shall be made within ten (10) days
� frrnn the date of approval of said changes by the Planning Ccarnnission.
i 4. SIC3�TAGE
The signage depict.ed on the Elevation Plan is nat appraved and is subject
� to separate ASAC approval as autlined in Cor�dition 6 of City Cauncil action
i letter dated March, 1992. Any signage advertising the sale of products
shall be in conformance with the Cupertino Sign Ordinance, Sec.�tion
� 17.32.110 regarding windaw signs. Any temporary windaw signs shall not
I
' exceed 250 of the window surface and be located on the interior of the
building. This window signage may remain on display for a maxim�un of 30
� �� �
Resolution No. 4406 (3-U-92 Modified) May 12, 1992
Page -3-
5. DF:i T�1F:RTF'$
I
Deliveries are prohibited between 8 P.M. ar�d 8 A.M. All deliveries shall
� oocur thrax�i the frorit of the building. Delivery haurs shall be posted.
The sign type ar�d locatio� shall be appraved by staff. This posting shall
oocur prior to oocu�ation.
6. GARBAGE PICKUP
All discarded produc�e s�hall be plaoed in sealed bags and plaoed in the
1 dLm�pster. All trash for both paroels, APN 369-03-004 and APN 369-03-006,
shall be plac�ed in dtimq�ters with the lid closed at all times. The
dtm�ste.rs shall be kept in one large enclosure. This enclosure shall be
� designed to include an area for palate stacking. The enclosure shall be
placed on a paved surfaoe, generally to the wPSt of the shopping center,
with the exact location to be determined by staff. The location selected
should be to prot.ect the adj oining neic�bors .�ctexior storage outside the
building is not permitted. Z'his Cor�dition applies to the entire oenter. The
garbage pickup frequency shall be adjusted so that this coridition can be
acccea�lished.
7. DISPLAY STR[JCILTRES
A display plan shall be suk�mitted arrd approved by staff prior to oocupation
of the kxiildirig by the applicant. 'Ihis display plan shall include a scaled
site plan depicting the locations of the display structures and scaled
elevation plan or photographs of these structures. The structures shall be
a finished quality and attractive in appearanoe. Items such as plants and
baskets may be hung froan the rafters (interior of the building), provided a
minim�nn of 8 ft. clearance is maintained.
8. OOL)NI'Y S�AI�TITATION
All requirements of the County Sanitary Depart�nent s�all be ccgrq�lied with.
9. PARKa1G
No parking is allowed on unpaved surfac�es. All portions of the required
parking shall be paved, inclu�dirig the sauth raa of parkirig shc�,m on the
site plan.
10. FF�TCE
A ferx�e shall be located perpendicular to the southwest corner of the
Blaney Center, extending south to the property line.
Resolution No. 4406 (3-U-92 Modified) May 12, 1992
Page -4-
PASSID AND ADOFI� this 12th day of May, 1992 at a regular meetirig of the
Plannirig Coarnmission of the City of Cupertino, State of California, by the
followirig roll call vote:
AYES: N��g2S: Austin, Mackenzie, Mahoney, Mann aryd Chairman Fazekas
NOFS: N�II3S: None
ABSI'AIl�i: N��II2S: None
ABSIIVT: N�II2S: None
A'ITESr • APPR('JVID'
.
( � �/ �
-��� �
( ROb�'� cOWdll D�'�1 Fd P�S; ;,�,na„
Director of Cce�nnunity Develop�nent Planning Cc�rtnission
pc�e��os/ 3u92m