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Reso 4840 4-U-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4840 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR NEW ONE-STORY 6,000 SQ. FT. COMMERCIAL RETAIL BUILDING 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 caxeful 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 No. 4-U-97 as set forth in the Minutes of the Planning Commission Meeting of May 27, 1997, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 4-U-97 Applicant: Cupertino Village Associates II, LLC Location: Southwest corner of Wolfe Road and Homestead Road Resolution No. 4840 4-U-97 May 27, 1997 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit Plans AS-1 dated 5-20-97, AS-2 dated 5- 20-97, AS-3 dated 5-19-97, AS-4 dated 5-19-97, AS-5 dated 5-20-97, AS-6 dated 5-20-97, except as may be amended by the conditions contained in this resolution. 2. DEVELOPMF,NT ALLOCATION A development allocation from the revitalization of general commercial centers is allocated to allow up to a 6,000 square foot building. 3. 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. 4. SIGNAGE - WELCOME TO CUPERTINO The sign "Welcome to the City of Cupertino" shall be designed and submitted with the sign program required for the building and approved by the Director ot Community Development. 5. BUILDING DESIGN, MATERIAL AND COLOR AND LANDSCAPING The building material and color shall match that which was approved under 9-ASA-95, Cupertino Village. The rear facing "spandrel glass" design features shall be replaced with display window boxes that are approximately 12" deep. The size of the display windows at end of the building shall be 4 feet high and 6 feet wide. The center display window shall be 4 feet high and 8 feet wide. The display window boxes shall be internally lighted by fixtures placed at the top of each display case (the light source shall not be visable). The material displayed shall relate to the product and services sold by retailers/service providers in the building. Advertising signage shall be limited to 10% of the window display area and neon is prohibited. 6. EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels, landscaping easements and parking easement. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 7. PEDESTRIAN EASEMENT Pedestrian easements over the sidewalk area shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building permits. Resolution No. 4840 4-U-97 May 27, 1997 Page -3- submitted to Public Works for approval. Construction shall be done by the City of Cupertino or by the Santa Clara County Transportation Agency. 10. 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. 11. 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. 12. FIRE HYDRANT � Fire hydrants shall be located as required by the City. 13. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 14. 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. 15. 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 i are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. A parallel storm line at 18" dia. RCP shall be installed along Wolfe Road. � 16. 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. 17. IMPROVEMENT AGREEMENT � The project developer shall enter into a development agreement with the City of Cupertino I 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. I Resolution No. 4840 4-U-97 May 27, 1997 Page -4- a. Checking & Inspection Fees: $6% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $1,000.00 c. Storm Drainage Fee: $1,487.90 � 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 impused 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. 18. 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. � 19. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to California Water and shall reach an agreement with California Water for water service to the subject development. 20. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disturbs soil. BMP plans shall be included in your grading and street improvement plans. f PASSED AND ADOPTED this 27th day of May, 1997, 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, Doyle, Roberts and Chairperson Harris ' NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Mahoney I ATTEST: APPROVED: 1 , ( , �/ ���-� �,--�.;.{, _ -c � _ I Robert Cowan Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission I I g:/pdrepordres/r4u97