Reso 4648 12-U-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4648
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A 3,600 SQUARE FOOT
PLUMBING SHOP IN AN EXISTING SHOPPING CENTER
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
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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 the application, and has
satisfied the following requirements:
1. That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not
detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use
is to be located.
2. That the property involved is adequate in size and shape to accommodate the proposed use.
3. That the proposed use will not generate a level of traffic over and above that of the capacity of the
existing street system.
4. 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, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby approved; and
That the subconclusions upon which the findings specified in this Resolution are based and contained
in the Public Hearing record concerning Application 12-U-95 as set forth in the Minutes of the
Planning Commission Meeting of October 9, 1995, and are incorporated by reference though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 12-U-95
Applicant: Rosalind Cardia
Property Owner: Byer Properties
Location: 10594 S. DeAnza Boulevard
Resolution No. 4648 12-U-95 October 9, 1995
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits labeled A1 and dated 10-2-95, except as
may be amended by the Conditions contained in this Resolution.
2. MASONRY WALL
A masonry wall, conforming to Exhibit A1 dated 10-2-95, shall be provided within 75 days from
the effective date of the use permit on the project's mutual boundary with residentially zoned
property. Should the masonry wall not be installed within the 75 days, the use permit shall expire
and the revocation process shall begin. Said east facing wall shall be the height, design style and
color selected by the respective residential property owner. The west facing wall design style and
color shall be uniform throughout the length of the wall. Final color shall be approved by staff.
Said wall shall not exceed 14 feet, measured from grade, at any point.
3. NOISEMAKING DEVICES
No public address system or paging system, powered megaphone or similar noisemaking device
shall be permitted outdoors at any time.
4. ON-SITE LIGHTING
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.
5. APPROVAL OF MASONRY WALL BY ADJOINING RESIDENTIAL PARCELS
Prior to issuance of building permits, each residential property owner must sign Exhibit A, in the
appropriate area, agreeing to the installation of a masonry wall at the height designated on
E�ibit A.
6. DELIVERY AND PICK-UP TIMES
Applicant shall abide by the delivery and pick-up times established in section 10.48.062 of the
Cupertino Municipal Code. Specifically, deliveries and pick-ups may only take place between
the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
7. CONTROL OVER ACCESS TO SERVICE ALLEY AND BACK PARKING LOT
If the masonry wall fails to attenuate noise to a level allowed by the noise ordinance, the Planning
Commission may conduct a public hearing to consider the installation of a gate at the south end of
the service drive/parking lot to control access commensurate with section 10.48.062 of the Municipal
Code. Section 10.48.062 addresses delivery pick-up times.
Resolution No. 4648 12-U-95 October 9, 1995
Page -3-
PASSED AND ADOPTED this 9th day of October, 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 and Chairman Doyle
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mahoney
ATTEST: APP E :
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Robert S. Cowan David Doyle, hairm
Director of Community Development Planning Commission
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