Reso 30009-U-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RESOLUTION No. 3000
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTIN0
REC24 001D G APPROVAL OF A USE PERMIT TO EXPAND
AN EXrS= RETAIL CTS= BY ADDING APPROXTMA'rF'ry 14,600 SQ. Fr.
AND BY ENHANCING THE PARKING AREA, PERIMETER, LANDSCAPING
AND EXTERIOR ARCHITECTURAL TREA14M
SECTION I• FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
M( REAS, the applicant has met the burden of proof required to support
said application.; and
WfdERFAS, the Planning commission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) That the property involved is adequate in size and shape to
accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the existing- street- system; - - - -
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
e) That the site is allocated additional building intensity credit for
redevlopment activity as provided in Land Use Element Policy 6.A.7.
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 subconclusicns upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 9-U-87 as set forth in the Minutes of the Planning
Commission Meeting of March 9, 1987, and are incorporated by reference as
though fully set forth herein.
RESOLUTION No. 3000 (9-U-87) 03/09/87
Page - 2 -
SECPION II• PRQ7ECT DESCRIPPION
Application: 9-U-87
Applioant: Yamaoka Develotmient, Inc.
Property Owner: Portal Plaza Properties
Location: North side of Stevens Creek Blvd.
Between Portal Ave. and Perimeter Road
Parcel Area (Ac) 5.2 gross
SEcriou III. CONDITIONS AD=STERED BY THE PUBLIC WORKS DEPAg�
1, STR= DET40VF2+ERM & DEDICATION
Street widening, improvements, and dedications shall be provided in
accordance with City Standards and specifications and as required by
the city Engineer.
2. CURB, GUMER & SIDEWALK
Curbs, gutters, sidewalks, and structures shall be installed to
grades and be constructed in accordance with standards specified by
the Stevens Creek Boulevard Sidewalk Plan, as approved by the City
Engineer.
3. TIGHrING
Street lighting shall be installed and shall be as approved by the
city Engineer. on -street lighting shall be as required by the
Architectural and Site Approval Co maittee and ordinances and
- regulations of the City. All -on- and -off-site .lighting shall.
designed to in no way interfere with adjacent areas and shall be no
higher than the maximum height permitted by the zone in which the
property is located.
4. FIRE HYDRANTS
Fire hydrants shall be located as required by the city.
5. TRAFFIC CONTROL SIC3IS
Traffic control signs shall be placed at locations to be specified
by the City.
RESOLUTION No. 3000 (9-U-87) 03/09/87
Page -3-
6. STREET TREES
Street trees will be planted in the public right-of-way and shall be
of a type approved by the City in accordance with the Stevens Creek
Boulevard Sidewalk Plan.
•JAI■ aY Y' iul�l\/Y'
Pedestrian easements over the sidewalk area indicated on Exhibit A
shall be prepared by the developer, approved by the City Attorney
and recorded against the subject property prior to issuance of
building permits.
8. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with ordinance No. 214(a).
9. L7RAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
10. UNDERGROUND UTILITIES
The developer shall be responsible for complying with the
requirements of the Undesgrcund Utility Ordinance No. 331 and other
related ordinances and regulations of the City of Cupertino, and
shill make the necessary arrangements with the utility companies
involved for the installation of said facilities. The subdivider
shall submit a detailed plan showing utility underground provisions.
(This plan must have prior approval of the utility companies and the
City Engineer.)
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.
SECTION IV: CONDITIONS ArMINiSTERED BY THE PLANNING DEPAIMM4T
12. APPROVED EXHIIBTTS
That the approval is based on Exhibits A, B, and C of Application
9-U-87 except as may be amended by additional conditions enumerated
herein.
*2FSO1LTPIO17 No. 3000 (9-U-87) 03/09/87
Page - 4 -
13. TRANS
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
Y-ublic street areas.
14. MODIFICATION OF APPROVED DEVELOPMENP PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and
Development. If the Director makes a finding that the changes are
minor and do not result in a material affect upon the appearance or
function of the project, said charges may be certified on the
revised plan. If approval of said changes is withheld, the
applicant may appeal to the Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval.
If the changes are denied by the Planning Commission, the applicant
may appeal to the City Council as provided in City Ordinance No.
652.
If said charges are approved by the Planning Commission, an appeal
may be made to the City Council by any interested party. Further,
any Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by
the Planning Commission.
15. USE LIMITATIONS
Permitted uses may include all uses allowed without the securing of
a Use Permit in the City of Cupertino CG (General Coimnercial) zoning
district. All other uses requiring Use Permit review in the CG zone
shall require Use Permit review in the subject Planned Development
Zone.
11he previously approved bar/cocktail lounge is deleted under this
Use Permit approval.
16. IANDSCAPE REVIEW
tine developer shall submit a comprehensive landscape planting plan
for informal review by the Architectural and Site Approval Committee
prior to issuance of building permits. Said landscape plan shall
indicate clearly the location of all existing trees to be removed,
and shall indicate the size and type of replacement tree proposed
for each existing tree removed. Said plan shall also indicate
compliance with the standards for parkway planting and street trees
as specified in the Stevens Creek Blvd. Sidewalk Plan.
RESORT 011 No. 3000 (9-U-87) 03/09/87
Page - 5 -
17. coNSOISDATE PARCELS
The applicant shall consolidate all existing parcels, exclusive of
the bank site, into a single lot prior to issuance of building
permits. The applicant shall also provide an agreement to record
reciprocal access easements between the bank site and the remainder
of the Center, which shall be recorded simultaneuosly with any
transfer of ownership of the bank site.
18. FLOOR AREA RATIO
The Planning Cmmmission finds that the developer has satisfied the
criteria specified in Policy 6(a) of 1-GPA-80 to allow the addition
of approximately 605 feet of retail floor space beyond that allowed
under the .25 base FAR (Floor Area Ratio). Accordingly, the project
site may develop to an aggregate FAR of .253, or approximately
57,600 sq. ft. of gross floor area.
19. PARK121G
A minimum of 301 parking spaces shall be provided, with the
assumption that only one restaurant enecupassing 99 seats and 13
employees shall be present on site. Provision of additional future
restaurant or bar/cocktail lounge space shall require separate Use
Permit review to ensure adequate adjustment of retail to food
service parking availability.
The developer shall retain the option to provide up to five (5)
secured bicycle locker devices in lieu of an equivalent number of
parking spaces.
20. SERVICE YARD ACCESS
vehicle access gates shall be provided at the Fast and West ends of
the service yard. The gate located at the west end of the service
yard along the rear of the Center shall be designed to limit
delivery access to the "New York Fabrics" tenant space. The service
area behind the remaining stores east of New York Fabrics shall be
limited to pedestrian access only.
21. TiMJGdi TRAFFIC CONTROL
One year after final occupancy of the center expansion, the property
owner shall submit a traffic study which documents the incidence of
traffic cutting through the center to gain access to the Perimeter
Road. The objective is to determine if through traffic has
significantly increased. The results of the traffic study shall be
reviewed informally and if additional, significant traffic increases
on Portal Avenue are identified, the Ccm4n--ion may reopen the Use
Permit to consider imposition of appropriate mitigation measures.
RESOLUTION No. 3000 (9-U-87) 03/09/87
Page - 6 -
al
PASSED AND ADOP1 this 9th day of March, 1987, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll-call vote:
AYES: COMMISSIONERS: Claudy, Adams, Szabo, Car. Mackenzie
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Sorensen
AriEST: APPROVED:
4L-*CSIA,AA_
Robert Cowan Don Mackenzie, Chairman
Planning Director Planning Commission
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