PC Reso 6504 ASA-2007-16
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6504
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
AN ARCHITECTURAL AND SITE REVIEW FOR MODIFICATIONS TO AN EXISTING
COMMERCIAL BUILDING LOCATED AT 19875 STEVENS CREEK BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval, 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 proposed site design minimizes impacts on adjacent residential neighbors.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application 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 ASA-2007-16
set forth in the Minutes of the Planning Commission meeting of January 22, 2008, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2007-16
Applicant: Mahesh Patel (Cupertino Business Plaza)
Location: 19875 Stevens Creek Blvd
Resolution No. 6504 ASA-2007-16 January 22,2008
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Cupertino Business Plaza" consisting of 5
pages labeled pages A-0, A-1, A2, L-1 and 3.1 except as may be amended by the
Conditions contained in this Resolution.
2. MINIMUM STORE FRONTAGE
There shall be no more than six storefronts on Stevens Creek Boulevard, with no less
than 4 store fronts being 30 feet or more in width.
3. PARKING LOT LIGHTING
a) The applicant shall provide staff with details on the pedestrian level lighting in the
parking lot at the rear for review and approval prior to obtaining building permits.
b) The rear parking lot lighting shall be turned off after business hours.
4. PARKING LOT LANDSCAPING
a) All tree wells indicated in the south parking lot shall be changed to landscape
planters. The applicant shall reduce the parking stalls in the front of the parking lot
to 8.5 feet by 18 feet and enlarge the size of the planters.
b) There shall not be continuous curbs around the swales in the north parking lot.
Wheel stops shall be used rather than curbs.
5. MASONRY SOUND WALL
An eight-foot masonry wall shall be constructed, or the existing wall shall be increased
to eight feet, on the north property wall.
6. EARLY MORNING REFUSE AND RECYCLING PICKUP SCHEDULE
Refuse and recycling pickup shall not occur prior to 8 AM. The applicant shall provide
written confirmation that this has been communicated to the Garbage Company.
7. RESTAURANT ODOR ABATEMENT
All restaurants shall install odor abatement systems to be approved by Community
Development staff. The odor abatement systems shall be installed prior to final
occupancy of their associated tenant spaces. This condition does not apply specialty
food uses.
8. VECTOR CONTROL
The shopping center shall maintain a contract with a licensed vector control specialist
to perform vector control and prevention services on a monthly basis. In the event
that there is evidence that there are problems with vector control, the Planning
Commission may hold a public hearing to review the use permit.
9. PARKING LOT SWEEPING HOURS
The applicant shall ensure that the parking lot is not swept before 8 AM.
Resolution No. 6504 ASA-2007-16 January 22,2008
Page 3
10. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City Sign
Code. The applicant will prepare and provide staff with a sign program for review
prior to tenant occupancy.
11. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Planning Department prior to issuance of building permits. The
landscape plan shall include water conservation and pesticide reduction measures in
conformance with Chapter 14.15, Xeriscape Landscaping, and the pesticide control
measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed
Protection, of the Cupertino Municipal Code. The Landscape Architect preparing the
plans shall certify these plans.
12. DRIVEWAY ACCESS TO EAST AND WEST
a) The driveway access to the east property shall be redesigned to meander around
the tree being shown as removed on the plans. This driveway access shall be no
less than 20 feet in width.
b) Reciprocal access shall be provided to the property to the west, with the specific
design approved by staff.
13. FUTURE MODIFICATIONS TO STOREFRONT
No modifications to the storefronts shall be made without approval of the Planning
Department.
14. TREES
No trees are approved for removal with this application.
15. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
16. 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 building plan submittals.
Resolution No. 6504 ASA-2007-16 January 22,2008
Pa e 4
17. TRASH ENCLOSURE DESIGN AND ACCESS
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs department. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
PASSED AND ADOPTED this 22nd day of January 2008, 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, Kaneda
NOES: COMMISSIONERS: Vice Chair Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Rose
ATTEST: APPROVED:
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Ciddy Wordel Marty iller, Chair
City Planner Planning Commission
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