Reso 6034 2-U-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6034
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT FOR THE DEMOLITION OF A CINEMA AND RETAIL SPACE
AND THE CONSTRUCTION OF A NEW 32,160 SQUARE FOOT MARKET AND COOKING
SCHOOL (ANDRONICO'S) AT AN EXISTING SHOPPING CENTER AT
21275 STEVENS CREEK BOULEVARD
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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. 2-U-00 as set forth in the Minutes of the
Planning Commission of March 13, March 27, April 10 and June 12, 2000 and are incorporated by reference
as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 2-U-00, 4-EA-00
Applicant: Johnson Lyman Architects
Location: 21275 Stevens Creek Boulevard
Resolution No. 6034 2-U-00 June 12, 2000
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled "Andronicos — Oaks Shopping Center"
dated 5/25/00, 6/7/00 and Exhibits titled "Preliminary Landscape Plan, Andronico's Market,
Cupertino, CA" dated 4/10/00, consisting of 8 sheets labeled 1 through 6, and L1 & L2, except as may
be amended by the Conditions contained in this Resolution.
� 2. DEVELOPMENT ALLOCATION
The applicant is granted an allocation of 14,733 net square feet of commercial development potential
from the "Heart of the City Allocation Pool" of the Retail Commercial Development Priorities Table
(General Plan Policy No. 2-3).
3. PERMITTED USES
The applicant is permitted to operate a retail grocery store, deli/bakery with a walk-up service window,
ancillary office uses, and a cooking school as shown on the approved exhibits. In addition, outdoor
seating in the westerly plaza and easterly and southerly pedestrian arcades are allowed where it does
not interfere with pedestrian circulation. Also, in only the westerly plaza, outdoor, unroofed displays
of goods, less than 150 square feet in area, are allowed. Any signage shall follow the City sign code.
4. PERMITTED HOURS OF OPERATION
The permitted hours of operation for retail businesses at the Oaks Shopping Center are specified in use
permit file no. 20-U-86, which are 6 a.m. to midnight.
5. DEMOLITION REQUIREMENT
Building E and a portion of Building F shall be removed prior to or concurrently with project
construction. The developer shall assume the responsibility to obtain all required demolition permits in
accordance with City Ordinances.
In the event demolition of structures and improvements occurs between January 16"' and July 31 S`, the
applicant shall erect chain-link fencing around the canopy of each protected oak (ID #11 and #12 of
sheet L2) and not disturb the fenced areas until the oaks are transplanted between August 1 S` and
January 15��'.
6. TREE TRANSPLANTING REQUIREMENTS
The two Coast Live Oaks labeled No. 13 and No. 14 on plan set sheet "L2"shall be transplanted to
other landscaped areas near the project in accordance with the recommendations of the Barrie Coate
arborist report dated 2/24/00. Final locations with be determined by the project landscape architect and
the Community Development Director, however, the preferred locations would be at the entrances of
the pedestrian arcades. The applicant shall take all reasonable means to ensure the survival of the oaks,
but in the event the oaks do not survive transplanting, the applicant shall replace them with two (2) 8-
inch diameter Coast Live Oaks.
Resolution No. 6034 2-U-00 June 12, 2000
Page -3-
7. ADDITIONAL LANDSCAPE REQUIREMENTS
All transformers and outdoor employee break areas shall be adequately screen from public view to the
satisfaction of the Director of Community Development.
8. BICYCLE PARKING
The applicant shall install bicycle parking facilities in accordance with the City's parking ordinance.
The location shall be approved by the Community Development Director.
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9. PARKING MANAGEMENT
On peak seasonal days, the applicant shall direct their employees to park in the street parking areas on
Mary Avenue.
10. SHOPPING CART MANAGEMENT
The applicant shall monitor and pick up on-site and off-site shopping carts on a daily basis.
11. DELIVERY TRUCK LIMITATIONS
Vehicular deliveries and pickups to or from the project are prohibited between the hours of 8 p.m. and
7 a.m. weekdays (Monday through Friday) and 8 p.m. and 9 a.m.on weekends (Saturday and Sunday).
12. GROUND AND WALL SIGNAGE
Ground and wall project signage are not approved with this use permit. The applicant shall make a
separate application for sign approval.
13. 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.
14. Access Improvements to Stevens Creek Boulevard Driveways
The applicant shall show on the building plans, additional widening of the easterly Stevens Creek
Boulevard driveway than what is shown on the approved plans, and additional tapering of the westerly
Stevens Creek Boulevard driveway than what is shown on the approved plans. The purpose of the
improvements is to ease vehicle ingress and straighten the turning movements at the driveways.
15. Landscape Improvements to Westerly Stevens Creek Boulevard Driveway area
Prior to building permit approval, the applicant shall submit to the Director of Community Development
for his approval, a revised plan for landscaping the modified westerly Stevens Creek Boulevard driveway.
Resolution No. 6034 2-U-00 June 12, 2000
Page -4-
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
16. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
17. 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.
� 18. 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.
19. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
21. 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.
22. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code. Overland release shall be provided. Pad elevations shown on the
exhibits will be adjusted as necessary prior fo issuance of grading permit.
23. 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.
24. 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. Underground existing overhead lines that crosses
Stevens Creek Blvd from De Anza College using tlle conduit lines already installed by the City.
Resolution No. 6034 2-U-00 June 12, 2000
Page -5-
25. 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 $1,975.00 minimum
b. Development Maintenance Deposit: $ 3,000.00
' c. Storm Drainage Fee: $2,420/acre
d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: N/A
f. Street Improvement Reimbursement Fee: $7,200.00-Installation of conduit lines @ Stevens Creek
Blvd.
g. Grading Permit: $ 5% of on-site improvement Cost or $460.00 min.
Additional fees will be due in contribution toward needed Mary Avenue midblock crosswalk
improvements.
�
-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.
26. 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.
27. DEDICATION OF WATERLINES
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.
28. 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. 6034 2-U-00 June 12, 2000
Page -6-
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PASSED AND ADOPTED this 12th day of June 2000, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: Corr, Kwok and Chairperson Harris
NOES:
1 ABSTAIN:
f ABSENT: Doyle, Stevens
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ATTE : APPROVED:
^ - �%�. /��.�
� Ste iasec i Andrea Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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