Reso 4879 11-U-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4879
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT A NEW 13,833 SQ. FT. RETAIL
STORE (WALGREENS) AND OTHER IMPROVEMENTS RELATED TO
PARKING AND LANDSCAPING AT AN EXISTING SHOPPING CENTER; AND
TO ALLOW A DRIVE-THROUGH WINDOW FOR PHARMACY
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 ma.nner in accord wit�i 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, subj ect 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. 11-U-97 as set forth in
the Minutes of the Planning Commission Meeting of November 10, 1997, and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 11-U-97 and 28-EA-97
Applicant: Thomas Boyd (All American Shopping Center)
Location: NW Corner of Bollinger Road and Blaney Avenue
Resolution No. 4879 11-U-97 November 10, 1997
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on E�ibits labeled Sheet 1, Site Plan, Sheet 2
Elevations, Sheet 3 Birdseye and Site Sections dated 10-31-97 and Sheet 4 Landscaping Plan
dated 10-30-97.
2. USE LIMITATIONS
The building may be used for land use activities referenced in the permitted use section of
Section 19.56. A separate conditional use permit(s) shall be required for conditionally
approved uses. The drive up window is limited to one lane and is approved for pharmacy
transactions only. The sale of vitamins, over the counter cold remedies, and other pharmacy
related merchandise is permitted if sold in conjunction with a pharmacy transaction. The
porte-cochere over the drive up window shall be shortened to reflect the single lane restriction.
The sale of alcoholic beverages shall be incidental to general retail sales.
3. HOURS OF OPERATION
The business activities conducted with new building shall be limited to the standard hours of
operation as defined by Chapter 19.56 of the Municipal Code. The current hours are 7AM -
11 PM.
4. OFF STREET PARKING
Parking shall be provided at a ratio of one space for every 250 sq. ft. of gross floor area for
general commercial use or a minimum of 55 for Walgreens, 184 for the 40,018 retail center.
Restaurant uses will need to provide on-site parking as required by the Chapter 19.100 of the
Cupertino Ordinance.
5. BICYCLE PARKING
The applicant shall install 3 Class II bicycle parking facilities equal to 5% of new parking
demand.
6. LANDSCAPE REVIEW
The applicant shall submit a comprehensive landscape plan in conformance with Chapter
14.15, Xeriscape Landscaping, of the Cupertino Municipal Code, prior to issuance of building
permit. Eight (8) plant containers shall be installed on sidewalks adjacent to the building. The
triangular shaped asphalt area near the store entrance shall be planted with lawn or other plant
materials. The site and landscaping plan shall be modified to reflect an expanded tree well for
the end cap of the row of parking which parallels the drive up window circulation space and is
opposite the driveway entrance from Blaney Avenue.
Resolution No. 4879 11-U-97 November 10, 1997
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7. TRUCK DELIVERIES
Truck deliveries associated with the Walgreens store or pharmacy are limited to hours defined
by the Cupertino Municipal Code. At time of renewal of the Tin Tin lease, the owners will
arrange for a gate to be installed to control delivery timer. Additionally, should the City
Council determine that, following a public hearing, a public nuisance exists because of a
pattern of non-compliance with truck delivery regulations, a gate will be installed and
applicant will pay for the gate improvements. A keep clear corridor shall be developed to
allow access to rear parking areas. If a gate is installed, it shall be operated on a daily basis
pursuant to delivery time constraints defined by the Municipal Code. The gate locking
mechanism shall be approved by the County Fire District.
8. RECYCLING FACILITIES
The developer shall make provisions for recycling facilities which shall be in accordance with
Chapter 19.81 of the Cupertino Municipal Code. Staff shall approve a trash enclosure plan for
the existing businesses that utilize the access driveway on the western boundary of the project.
The plan shall ensure the retention of the parking spaces located to the rear of the stores.
9. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
10. SOUND WALL
A new 8 ft. high sound wall shall be installed on the north boundary line of the subject site.
The exiting access port to La Roda Court shall be closed.
11. PARKING LOT LIGHTING
Staff shall review and approve a lighting plan for the resurfaced parking area. The lighting
plan shall incorporate the concept of installing several lower height poles as opposed to a
fewer number of high electroliers to minimize light spill over into the adjoining residential
neighborhoods.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
12. STREET WIDENING
Street widening, improvements and dedications (10' - Blaney Avenue, 25' - Bollinger Rd.)
shall be provided in accordance with City Standards and specifications and as required by the
Resolution No. 4879 11-U-97 November 10, 1997
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City Engineer. Bus turn-out shall be provided in accordance with the standards and
requirements of Santa Clara County Valley Transit Agency.
13. 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.
14. STREET LIGHTING 1NSTALLATION
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
adj oining properties, and shall be no higher than the maximum height permitted by the zone in
which the site is located.
15. FIRE HYDR.ANT
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.
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.
A parallel storm line is required northerly of the subject property at 18" diameter from
manhole 508A to 507 of the approved master storm drain plan at approximately 700 lineal
feet.
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.
Resolution No. 4879 11-U-97 November 10, 1997
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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.
Fees:
a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,918.00 minimum
b. Development Maintenance Deposit: $ 3,000.00
c. Storm Drainage Fee: $ 9,746.90
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 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 WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with Cupertino Water for water service to the subject
development.
24. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOI), as required by the State Water Resource
Control Board, for all construction activity disturbing 5 acres or more of soil. The permit
requires the development and implementation of a Storm Water Pollution Prevention Plan
(SWPPP) and the utilization of storm water BMP's.
25. 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.
Resolution No. 4879 11-U-97 November 10, 1997
Page -6-
PASSED AND ADOPTED this l Oth day of November, 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, Dole, Mahoney and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Roberts
ATTEST: APPROVED:
/L'� ,�:�-e
Robert S. Cowan Andrea B. Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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