Reso 4613 8-U-95
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4613
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE
DEMOLITION OF TWO BUILDINGS AND THE CONSTRUCTION OF A
22,000 SQUARE FOOT SUPERMARKET AND A 4,000 SQUARE FOOT
RESTAURANT ON A 2+ ACRE SITE AT 20558 AND 20900 STEVENS CREEK
BOULEVARD, AND RECOMMENDING AN ALLOCATION OF 22,000 SQUARE FEET
OF COMMERCIAL DEVELOPMENT FROM THE HEART OF THE CITY
DEVELOPMENT ALLOCATION POOL
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, 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 8-U-95 set forth in the Minutes of
the Planning Commission Meeting of, July 10, 1995, and are incorporated by reference though fully set
forth herein.
Resolution No. 4613 (8-U-95) July 10, 1995
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 8-U-95, 15-EA-95
Applicant: Byer Properties
Property Owner: Byer Properties
Location: 20558 and 20900 Stevens Creek Boulevard
SECTION III• CONDITIONS ADMI NISTE FD BY THE COMMUNITY DEVELOPMENT DEPT.
1. FIRE SPRINKLERS
The market shall be provided with an approved automatic fire sprinkler system. System design shall
comply with NFPA standard # 13, 1989 edition.
2. EMERGENCY ACCESS BOXES
Both buildings shall be provided with an approved emergency access key lock box (KNOX), mounted
on the exterior, adjacent to the main entry.
3. NOISE
The project and its tenant operations shall comply with the noise mitigation measures summarized in
the Lewitz and Associates Noise Report dated May 31, 1995. The noise mitigation measures are:
1) Refrigeration trucks should not operate on-board refrigeration units while at the loading
dock.
2) The trash compactor hydraulic unit shall be surrounded with a masonry noise barrier
adequate in height and length to mitigate equipment noise to City noise standards.
4. COMMON OPEN SPACE
The market shall define a common open space area along the front walkway of 550 square feet or
more. The plans shall be revised to show improvements conducive for outdoor customer usage, such
as tables, chairs, benches, planters and potted plants.
5. ARCHITECTURAL MODIFICATIONS
Trellis members should approximate the size and spacing of the wooden columns.
6. LANDSCAPE PLAN REVISIONS
The Nerium oleander along the side of the market shall be replaced with a non-poisonous species of
tree or shrub that can also adequately screen the building. The applicant shall work with staff on the
landscaping to visually screen the restaurant west elevation and the food market south and west
elevation.
7. RESTAURANT SEATING
The seating for the freestanding restaurant building shall be increased to a maximum of a 124 seats
without expansion of the building envelope.
Resolution No. 4613 (8-U-95) July 10, 1995
Page-3-
SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
2. C'URB 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.
3. 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 maximum height permitted by the zone in which the site is located.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
6. STREET TREES
Street trees shall be planted within the Public Righ of Way and shall be of a type approved by the City
in accordance with Ordinance No. 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code.
8. 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 aze 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
availble, drainage facilities shall be installed to the satisfaction of the City Engineer.
9. i 1NDERGROUND 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.
Resolution No. 4613 (8-U-95) July 10, 1995
Page-4-
10. 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 and Inspection Fees: $ 6% of Improvement Cost or $1,744.00 minimum
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $5,203.00
d. Power Cost: $75.00 per street light
e. Map Checking Fees: $N/A
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 charged at that time
will reflect the then current fee schedule.
11. 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.
,
. 12. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to San Jose Water Company
and shall reach an agreement with San Jose Water Company for water service to the subject
development.
13. DEDICATION TO PUBLIC RIGHT OF WAY
The developer shall dedicate sufficient land to the City to accomodate a 10-foot curbside planting strip
and a 6-foot sidewalk.
Resolution No. 4613 (8-U-95) July 10, 1995
Page-S-
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
�
(Section 66474.18 California Government Code)
� I hereby certify that the engineering and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted enginee ' g pra tices.
rt Viskov ch, City Engineer
PASSED AND ADOPTED this lOth day of July, 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 Chair poyle
NOES: COMMISSIONERS:
' ABSTAIN: COMMISSIONERS:
, ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
� •���
Robert S. Cowan David Doyle, Chairman
Director of Community Development Cupertino Planning Commission
g/pdreport/res8u95