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Reso 2694 r 1--iJ-85 RESOLUTION NO. 2894 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO MODIFY THE 1I LANDSCAPING OF AN EXISTING PARKING LOT, AND INCREASE AVAILABLE OFF-STREET PARKING. APPLICANT: Edwin J. Myers, Architects ADDRESS: 10601 S. De Anza Boulevard, Cupertino, California 95014 SUBMITTED: August 1 , 1985 LOCATION: South side of Stevens Creek Boulevard approximately 400 ft. west of Be Anza Boulevard opposite Bandley Drive (The Cupertino Crossroads Center) FINDINGS AND SUBCONCLUSIONS: Approval is subject to the findings as set forth on Page 1 and the subconclusions as set forth in the minutes of the Planning Commission meeting September Se tember 23, 1985. CONDITIONS: 1-15. STANDARD CONDITIONS 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. 18. APPROVED EXHIBITS That the recommendation of approval is based on Exhibits A 1st Revision, A-1 1st Revision, A-2, B let Revision , and B-I 1st Revision of Application 31-U-85 except as may be amended by special conditions enumerated herein. 17. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor change, alteration or amendment in the approved development plan or buildingpermit, a written request and revised 4 development plan or building permit shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development area, the Director may certify the change on the revised plan. If such approval is witheld, the applicant may appeal to the Planning Commission. If the changes are material , the Director shall submit said S • 1 • 31-U-35 ti Planning Commission Resolution No. 2694 (continued) III changes t❑ the Planning Commission for approval . If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance 652 of the City of Cupertino. If the change is approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the City Council , said request to be made within ten (10) days from the date of 'approval - when the change has been approved by the Planning Commission. 18. INGRESS/EGRESS EASEMENTS AGREEMENTS The applicant shall demonstrate that there are existing reciprocal ingress/egress easements recorded against the • subject property for any driveways shared with adjacent property owners. If easements do not exist, the applicant shall record an appropriate deed restriction and covenant running with the land subject to review and approval by the City Attorney for all parcels which share a common private drive or private roadway with adjacent properties. Said deed restriction shall provide for the necessary reciprocal ingress/egress easements to and from the affected parcels. 19. FUTURE INGRESS/EGRESS EASEMENTS The applicant shall sign an agreement to participate in a reciprocal access easement with the adjoining property owner (s) where existing easements do not currently exist, when said property owner (s) are obligated to participate in a similar agreement. 20. TREE PROTECTION The applicant shall provide a plan for preservation of the existing specimen trees on the subject property. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each tree for the duration of construction activities. The plan shall include an evaluation from a Landscape Architect outlining the effect of construction activity upon the trees and detailing measures to ensure their survival in accordance with Ordinance 778. 21. PEDESTRIAN EASEMENT • Pedestrian easements shall be proposed for any public sidewalk area located outside of the public right-of-way. The easements shall be reviewed by the 411 City Attorney and recorded on the subject property prior to issuance ❑f building permits. 31-U-85 Planning Commission Resolution No. 2694 (continued) 22. CONSOLIDATE PARCELS The applicant shall merge all existing parcels into a single lot. 2=. CONSTRUCTION ACTIVITY Construction vehicles shall operate between the hours and days as indicated in the City of Cupertino 's Municipal Code. 24. ' PARKING LAYOUT Parking count is approved as presented in the applicant 's revised parking layout. The applicant recognizes that the Center is still deficient in parking which will limit expansion for existing or proposed commercial activity at the subject center. 25. BUS TURNOUT The applicant shall dedicate and improve a bus turnout located on Stevens Creek Boulevard subject to the review and approval of the City Engineer. III26. PLANNED MODIFICATIONS The applicant shall reconfigure the parking layout adjacent to the bus turnout area to provide a minimum 10 ft. of frontage landscaping along Stevens Creek Boulevard. Stall angle and backup distance shall be reviewed by staff at the building permit level . A loss of spaces is likely from that shown on the approved plans and may be approved by the staff. The applicant shall return to the Architectural and Site Approval Committee to evaluate the revised parking layout and landscaping scheme. 27. SAFETY ASPECTS Final precise parking layout shall be reviewed by staff to ensure functional and safety aspects of all parking spaces. 28. TRASH ENCLOSURES Trash enclosures are to be kept within the trash enclosures provided. 31-U-85 Planning Commission Resolution No. 2694 (continued) 4. PASSED AND ADOPTED this 23rd day of September, 1985, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, MacKenzie, Sorensen, Szabo and Chairman Claudy NAYS: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/ Robert S. Cowan /s/ John Claudy Robert S. Cowan John Claudy, Chairman Planning Director Planning Commission 40 S4