Reso 4905 23-U-96(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4905
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO ADD 1,500 SQUARE FEET,
DELETE 3,680 SQUARE FEET OF PROPOSED GARDEN CENTER SPACE , CONVERT 2,000 SQUARE
FEET OF GARDEN CENTER SPACE TO AN ALCOVE AND MAKE MINOR ARCHITECTURAL
CHANGES TO AN EXISTING RETAIL STORE
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 No. 23-U-96(M) as set forth in the
Minutes of the Planning Commission Meeting of March 23, 1998, and are incorporated by reference
though fully set forth herein.
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Model Resolution 23-U-96(M) March 23, 1998
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No.: 23-U-96(M)
Applicant: Stevens Creek/Cupertino Associates
Property Owner: Stevens Creek/Cupertino Associates
Location: 20745 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS AND PREVIOUS CONDITIONS OF APPROVAL
The recommendation of approval is based upon the attached site plan and elevations, except as
may be amended by the Conditions contained in this Resolution. All prior use permit conditions
of 23-U-96 shall remain in effect, unless in conflict with the Conditions of Approval for 23-U-
96(M).
i 2. 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.
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3. USE OF GARDEN CENTER ALCOVE
Garden Center alcove shall be used for the display and sale of garden supplies only and not the
storage of excess stock.
4. TREES IN GARDEN CENTER PARKING LOT
Applicant shall provide 4-8 additional trees in the last parking lot adjacent to the garden center.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. TRAFFIC SIGNAL INSTALLATION
A traffic signal shall be installed at the intersection of Stevens Creek Boulevard and Saich Way
in accordance with plans, specifications and estimates approved by the City Engineer. Prior to
issuance of building permits, the applicant shall pay one-third of the capital costs, including the
extension of the east bound left turn lane at the intersection. Should the City Traffic Engineer
find that such a signal is not warranted, the capital costs for the signal will be refunded to the
applicant.
Model Resolution 23-U-96(M) March 23, 1998
Page -3-
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 engineering practices.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this 23rd day of March, 1998, 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, Mahoney, Stevens
� NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
' Robert S. Cowan Donna Austin, airwoman
Director of Community Development Cupertino Planning Commission
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