Reso 4589 13-U-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4589
� OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT 5,800 SQ. FT. RETAIL BUILDING
SECTION L• FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit,
as described on Page 1 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 residential use is in conformance with the General Plan of the City of Cupertino, and is 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.
NOW, THEREFORE, BE IT RESOLVED:
� That after careful consideration of maps, facts, eachibits, 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 13-U-94 as set forth in the Minutes of
the Planning Commission Meeting of February 13, 1995, and are incorporated by reference though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 13-U-94 and 35-EA-94
Applicant: Imwalle Stegner
Property Owner: Union Oil Company of California
Location: NW Corner of DeAnza Boulevard and Bollinger Road
Resolution No. 4589 13-U-94 February 13, 1995
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits 1-6 and material board dated 1/15/95, except
as may be amended by the Conditions contained in this Resolution.
2. 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.
3. BUILDING PAD ELEVATION
The building pad elevation shall be equal to but not greater than one foot higher than the top of curb
elevation.
4. INGRESS/EGRESS EASEMENTS
The applicant shall record an appropriate deed restriction and covenant running with the land subject
to approval of the City Attorney with the parcel to the west. 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 being issued the final occupancy permit. The applicant agrees to obligating
future and existing property owners to enter into reciprocal ingress-egress agreements with adjoining
property owners to the north at such time as said adjoining property owners can be similarly
obligated.
5. SIDEWALK EASEMENT
The applicant shall record a pedestrian and public utility easement within the new parkway sidewalk
subject to approval of the City Attorney to be recorded prior to being issued the final occupancy
permit.
6. GENERAL PLAN BUILDING ALLOCATION
The applicant shall provide a letter from Union Oil advising the amount of building square footage
which previously existed at the site as a gasoline station. The gasoline station square footage shall
be deducted from the proposed building square footage and the result will be reflected in the
development allocation log as the square footage allocated to this site.
7. LANDSCAPING
The applicant shall submit a comprehensive landscape and irrigation plan to be approved by staff.
The landscaping shall be installed prior to issuance of the final occupancy permit. The architects
landscape affidavit shall be provided during the building plan check process. A minimum of nine
Willow Pittosporum are approved. The landscape plan shall obscure views from So. De Anza Blvd.
to the mechanical box proposed at the De Anza driveway. Staff shall approve the final height of the
tile landscape planter. The applicant shall work with staff to plant landscaping along the wall located
on the west property line.
Resolution No. 4589 13-U-94 February 13, 1995
Page-3-
8. BICYCLE PARKING
The applicant shall install one secured bicycle locking device.
9. LIGHT FIXTURES
Staff shall approve the final color of the light pole fixtures.
10. GARBAGE ENCLOSURE
The enclosure shall be painted the same color as the building.
11. SIGNAGE
The signage on the plans are not approved. A comprehensive sign program is required of the new
tenant(s).
12. WINDOWS
No obscured glass is approved. The intent is not to allow blocking of views from the intersection to
the commercial building located to the west.
13. ARCHITECTURAL MODIFICATIONS
The final architectural plans shall reflect the following:
North Elevation:
* Change the entry door to an entry arch
* Add decorative tile to center building section to add interest
* Add darker paint in fan pattern extending out from semi-circular window
South Elevation:
* Change entry door to an entry arch
South, West & East Elevation:
* Add decorative tile trim where the wall meets the underside of the overhang
* Add darker paint in fan pattern extending out from semi-circular window
�ECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
14. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
15. 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.
Resolution No. 4589 13-U-94 February 13, 1995
Page-4-
16. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. 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 maaLimum height permitted by the zone in which the site is
located.
17. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
18. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
19. 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 No. 125.
20. UNDERGROiTND 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.
21. DEVELOPMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino providing
for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to
issuance of construction permits.
Fees:
a. Public Works plan check & Inspection: $266.00 (No street improvement requirements)
$1,744.00 min. (with street improvement plan)
or 5% of street improvement cost.
b. Storm.Drainage Fee: $ 1,284.00
c. Development Maintenance Deposit: 1,000.00 (with street improvement plans)
-The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a final map
or issuance of a building permit in the event of said change or changes, the fees changed at that time
will reflect the then current fee schedule.
Resolution No. 4589 13-U-94 February 13, 1995
Page-S-
PASSED AND ADOPTED this 13th day of February, 1995, 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, Harris, Roberts, Mahoney and Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None �
,
ATTEST: APP .
�
Robert S. Cowan David Doyle, hairman
Director of Community Development Cupertino Planning Commission
g:/planning/13u94