Reso 6363 ASA-2005-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6363
OF THE PLANNING COMMISSION OF THE CI'TY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURE AND SITE APPROVAL TO
DEMOLISH APPROXIMATELY 15,300 SQUARE FEET OF EXISTING COMMERCIAL
SPACE AND CONSTRUCT A NEW 34,300 SQUARE FOOT TWO-STORY BUILDING
AT AN EXISTING SHOPPING CENTER (MARKETPLACE).
SECTION I: FINDINGS
i 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 proposal, 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 proposal is consistent with the purposes of this chapter, the General Plan,
and zoning ordinance;
3. The proposal will use materials and design elements that compliment
neighboring structures;
4. The proposal conforms with the design guidelines and standards of the Heart of
the City Specific Plan; �
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
Isubmitted in this matter, the application for Architectural and Site Approval is hereby
approved, 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
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Resolution No.6363 ASA-2005-06 January 24, 2006
Page 2
No. ASA-2005-06 as set forth in the Minutes of the Planning Commission Meeting of
January 24, 2006, and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2005-09, ASA-2005-06 (EA-2005-06)
Applicant: Todd Lee (Market Place Shopping Center)
Location: 19620-19780 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Use Permit& ASA
submittal, Marketplace Shopping Center, Stevens Creek Boulevard, Cupertino,
California, Dated January 18, 2006" consisting of 7 sheets, except as may be
amended by the Conditions contained in this Resolution.
� 2. LANDSCAPING PLAN
A complete landscaping plan shall be submitted to the City for review. The final
landscaping plan shall be approved by the Design Review Committee prior to
issuance of building permits. All of the trees approved as part of the center's
landscaping plan shall not be removed without obtaining approval from the
Planning Commission.
3. BUILDING DESIGN CHANGES
The applicant shall address the concerns and comments of the City Architect and the
Design Review Committee shall approve the revised plans prior to issuance of
building permits.
4. SITE IMPROVEMENTS
Pedestrian connection and crosswalks shall be enhanced in the Center. Special
paving materials or markings shall be provided at pedestrian intersections in the
center. In addition, the entrance of the driveway along the easterly property line
must be enhanced to promote better pedestrian crossing and vehicular movements.
This may include but not limited to landscaping buffer enhancements, curb
I alterations, driveway re-alignment and deletion of existing parking stalls. Revised
site plan shall be submitted to the City for review. The Design Review Committee
shall approve the final site plan prior to the issuance of any building permits.
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Resolution No.6363 ASA-2005-06 January 24, 2006
Page 3
5. TREE TRIMMING
Mature trees along the frontage of Portal Avenue and Stevens Creek Boulevard shall
not be trimmed in the process of construction of this project without the approval of
the Director of Community Development
6. REPLACEMENT PALM TREES
As identified in the Initial Study presented to the Environmental Review Committee
on December 14, 2005, the 10 existing Mexican fan palm trees (lining up the existing
entry drive) removed shall be replaced by 10 new field grown palms in kind. The
applicant shall work will staff and the City Arborist to locate the new palms along
the new shopping center entry drive. This may mean some of the existing roof eaves
and/or concrete work along Building A will need to be modified to allow sufficient
room for the new palms to grow.
� 7. TREE REPLACEMENT
Seven (7) non-specimen trees are removed as part of this project. In addition, the
City Arborist has identified eight (8) additional non-specimen trees will suffer from
severe root lost from the construction activities. All trees removed shall be replaced
at a 1 to 1 ratio. All tree removals and replacements shall be consistent with the City
( Arborist recommendations. Final landscaping plan shall be reviewed by the City
� Arborist prior to issuance of building permits.
8. 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.
! 9. SIGNAGE
i Signage is not approved with this use permit application. Signage shall conform to
the City Sign Code. Applicant may apply for a sign exception as needed.
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Resolution No.6363 ASA-2005-06 January 24, 2006
Page 4
PASSED AND ADOPTED this 24th day of January 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Miller, Wong, Saadati
NOES: COMMISSIONERS:Vice-Chair Giefer
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
I �_ .
_____;-
Steve Piasecki Mar ��'�er, Chairperson
Director of Community Development Planning Commission
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