Reso 4598 1-U-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4598
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT TO CONSTRUCT A 6,400 SQ. FT. RETAIL BUILDING
SECTION I: 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 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, e�ibits, 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 1-U-95 as set forth in the Minutes of
the Planning Commission Meeting of March 27, 1995, and are incorporated by reference though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 1-U-95
Applicant: Hunter Properties
Property Owner: Same
Location: Homestead Road and Grant
Resolution No. 4598 1-U-95 March 27, 1995
Page -2-
�ECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
The recommendation of approval is based on the title sheet, perspective, elevations, floor plan,
section and details dated 2/21/95, and (alternate) site plan sheet 4b dated 4/10/95, and (alternate)
preliminary landscape plan sheet Sb dated 3/28/95, as may be amended by the conditions contained
in this Resolution. A plan providing greater architectural detail for the rear elevation shall be
reviewed and approved by staff prior to issuance of the building permit.
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. The
hours of operation are limited from 7:00 AM - 11:00 PM daily.
3. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
screened with landscaping or located underground such that said equipment is not visible from
public street areas.
4. PRIVATE DRIVEWAY COVENANT
The applicant shall record an appropriate deed restriction and covenant running with the land for
all parcels which share a common driveway with one or more other parcels as depicted on the site
plan of this application. Said deed restriction shall provide for necessary reciprocal ingress/egress
easements to and from the affected parcels.
5. 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 adjoining property located to the east. Said deed
restriction shall provide for necessary reciprocal ingress and egress to and from the affected
parcels. Planning staff has forty-five days from the project approval to secure the ingress/egress
deed restriction from the adjoining property owner located to the east. If the agreement cannot be
secured of this property owner, the applicant shall implement the preliminary landscape plan sheet
Sa dated 3/28/95 and site plan sheet 4a dated 4/10/95. Should staff ultimately obtain the
ingress/egress from the property owner to the east, then the applicant's easement agreement will be
implemented.
6. GRADING STANDARDS
The grading concept and building location for each lot shall substantially reflect the approved
Exhibits upon which the subject application is based.
a) Pad Elevations: The finish vertical elevation of the building pad shall be within then (1) foot
of the top of curb elevation closest to the building.
Resolution No. 4598 1-U-95 March 27, 1995
Page -3-
7. M�CHANICAL EOUIPMENT
Any roof mounted mechanical equipment shall be fully enclosed and painted an obscure color. The
purpose of this is to somewhat obscure views of this equipment from the multi-story residential
buildings to the east.
8. B�CYCLE PARKING
The applicant shall install one secured bicycle locking device.
9. PARKING
Parking shall be provided at a ratio of one space for every 200 sq. ft. of gross building area. The
compact parking percentage may be increased to 50%.
10. LANDSCAPE REVIEW
The applicant shall submit a comprehensive landscape and irrigation plan, in conformance with the
Xeriscape ordinance, along with the building plans. The plan shall include that portion of city
owned land included in the landscape plan and identified as assessor number 326-1-51. The two
Crape Myrtle trees at the northwest portion of the site and southeast portion of the building shall be
24 gallon in size.
11. GARBAGE ENCLOSURE
The garbage enclosure shall be re-located abutting the east portion of the building.
12. SIGNAGE
The sign colors shall be compatible with the approved building colors.
13. CONSOLIDATE PARCELS
The applicant shall consolidate all existing pazcels into a single lot if legally possible.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
14. 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.
15. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
16. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
17. 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.
Resolution No. 4598 1-U-95 March 27, 1995
Page -4-
18. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
19. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts shall be served by on
site storm drainage facilities connected to the City storm drainage system. If City storm drains are
not available, drainage facilities shall be installed to the satisfaction of the City Engineer.
20. UNDERGROUND 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. IMPROVEMENT 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.
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $1,450.00
d. Power Cost: N/A
e. Map Checking Fees: $381.00
f. Park Fees: N/A
-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.
22. TRANSFORMERS
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.
23. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to California Water
Company and shall reach an agreement with San Jose Water Company for water service to the
subject development.
Resolution No. 4598 1-U-95 March 27, 1995
Page -5-
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying c nditions specified in ection IV of this Resolution
conform to generally accepted engineering practice
Be Viskovic City Engineer
PASSED AND ADOPTED this 27th day of Mazch, 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, Mahoney, Roberts and Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
4l
Robert S. Cowan David Doyl , Chai
Director of Community Development Cupertino Planning Commission
g/planning/ccrso 1 u