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PC Reso 1577 16-U-76 RESOLUTION NO. 1577 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO ® - RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW CON- STRUCTION OF 84,000 SQ. FT. OF COMMERCIAL SPACE. • APPLICANT: Terranomics Development Corporation - ADDRESS: 280 Battery St. , 2nd. Floor, San Francisco, California 94111 SUBMITTED:. July 30, 1976 LOCATION: Southeast corner of the intersection of Stevens Creek Blvd. • and Portal Ave. CONDITIONS AND FURTHER FINDINGS: 1-14. Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. 15. The approval is based upon Exhibit A, 1st Revision, of '16-U-76, as may be amended by additional conditions contained herein. • 16. That the subject property fully utilizes the number of trips available based upon the 16 one-way trip per acre standard which translates to 158 trips. In order to comply with the traffic performance standard, the applicant must comply with the following categories of uses and • store space utilization. 1. Assessment of Major Tenants Size Trip Generation Number of Auto Rate Trips A. Building space Longts Drugstore Minimum 27,500 sq. ft. , 1.75 49 • B. Sporting Goods Minimum 10,000 sq. ft. , 1.70 . 17 . 2. °'Restaurants. Maximum 11,000 sq. ft. " 3 ` 32 • .:.' 3.-`" Savings-&" Loan 5,000 sq. ft. . 2 . 10 4. Furniture Store Minimum 9,000 sq. ft. .75 . 7 5 :. Mall Shops 22,500 sq. ft. 2 ' 43 - = • 84,000 158 :The space utilized by the drugstore and sporting goods shop shall be - reviewed by City staff prior to change of tenancy. The traffic genera- -'tion" rate expressed in trips per thousand sq. ft. shall not exceed the : :rates identified above. For the purpose of this application, the term "restaurant" represents a specialty type-"dinner house" restaurant as Aft ` opposed to a convenience type restaurant such as' a. "coffee shop"- MP restaurant. -2- a, CITY OF CUPERTINO • City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 111 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND- ING APPROVAL OF A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a USE PERMIT, as stated on Page 2; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a. Encourages the most appropriate use of land, b. Conserves and stabilizes the value of property, c. Provides for adequate open spaces for light and air, d. Permits adequate control of fires, e. Promotes the health, safety and public welfare, f. Provides for the orderly development of the City, and g. Is advantageous to the property and improvements in the zoning district and neighborhood in which the property is located; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application of the USE PERMIT is hereby recommended for approval, subject to the conditions stated on Page 2; and BE IT FURTHER RESOLVED: That the aforementioned findings be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. (Continued on Page 2) • -1- Resolution No. 1577 (continued) 16-U-76 • 17. The applicant shall submit a report prepared by an acoustical engineer evaluating the height of the sound wall adjacent to single-family homes as well as the acoustical barrier isolating the loading dock operations -behind Stores B. Said sound walls and loading dock area shall be designed so as to maintain the present ambient noise level with the adjoining residential neighborhood. 18. The curb cut immediately opposite the Vallco Parkway/Stevens Creek Boulevard intersections should be realigned in a manner as approved by City Engineer. 19. A 12 -ft. wide access drive shall be constructed to the rear of the stores to provide access for emergency service personnel. The drive- • . way shall be designed in a manner to preclude commercial servicing vehicles and patrons. The Architectural and Site Approval Committee shall evaluate the design. y" 20. The applicant shall pay any costs involved in modifying the existing signal at the intersection of Stevens Creek Boulevard and Vallco Park- way if said modification is necessary to serve the development as determined by the. City Engineer. -- 21. In order to preclude the construction of only a portion of the commercial facility,i.e. a major tenant,.. the applicant shall not occupy any portion of the facility until construction has commenced on the remainder of the project with theexception of the freestanding savings and loan facility adjacent to Stevens Creek Boulevard. • 22. Truck movements including refuse pickup on the site shall be restricted in a"manner as set forth in the Cupertino Municipal Code. PASSED AND ADOPTED this 13th day of September, 1976, at'regular meeting of the Planning Commission.of the City of Cupertino," State of California, by the fol- lowing roll call vote: . -AYES Commissioner Koenitzer, Vice Chairman Woodward NAYS:," None '=. ABSTAIN: Commissioner Gatto ABSENT: Chairman Adams • ATTEST; APPROVED: /s-/.J. Donald Woodward, Jr. ames-H., Sisk J. Donald Woodward, Jr. , Vice Chairman Planning Director Planning Commission 3 R, R-7' aid ?ts zoning unless storm -drain facilities are deemed necessary by the CityEngineer. ll developments ratifier than Ri, RZ and R3 zoning snail be served by on-site storm drainage facilities connected to the City storm drainage system.' if City storm drains` are not a-railable, drainage facilities' shall be installed to the satisfaction of the City Engineer. 9. The .applicant shall be responsible for 'complying with the and other related ordinances and regulations`-of the Cit}; of Cupertino, and s'.all make the zecessa:v arrangements with the utility companies involved fOr the iastallati.on of said fazilities. -The applicant shall submit a detailed plan showing utility undergrounding provi-sicns. 'This plan 'must have prior approvalo - ' e utility',companies and the City Engineer). 3i-l�-al `' 1 City Standard Dere_opzent Conditions lQ_ The 'location of all buildings, fences, raa+i} ays,¢ park- areas, landscaping and other facilities or features ' shall.-be as sho�a on the. .site pian submitte3 3aiieled except or un3.ass 3dicated o�.fiiervise 3tere'in. 11.4 Park3I11 13Stmeet,.t$e requireMents set "forth In Cupertino City Ordinance No. ()flz(q) and must be in actilydanCetiith the apprv�ed plot plan.' - 3 _ A masonry wal will bt�bni3t by any commercial'developer - to separate such co=erclai area 'frown any. residential area; such l:a.il shall six be feet` high above the highest = adjoining finished grade_ 33. Landscaping areas sha2i he sal tA=edi as shown on site plan. 33etaili lan�tscap g:p3.ans, related i to arrange- - meat} selectiom, of P'laut materials aid sizes; Shal �e approved. by time Art ne=ural and Site Approval- Con- mittee and City ,Council prior to issuance of a 3suilding. pervert. 34_ The applicant shall be resposssibla for c=op irtiag Lhe site ;as shoe on, apprDvexT, pint plan and shah -be.required to dater into, a'develti psx�t;agreaent lith the City of %peatana _ providxn for ravment df zteressary -SeeIS isclhd- 3ng but not limited to, check—i-ng and .inspe-etio- fees , storm drain fee, and imdeiZrID=d Utility fee: Said agree- meat shall be executed prig to the issuance of 'a auilding - permit. -, U-15-'1