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Reso 401314-U-87 CITY OF CUPERTINO 10430 S. DE ANZA BOULEVARD, CUPERTINO, CALIFORNIA 95014 RESOUT ICN NO. 4013 OF THE PLANNING COMMISSION OF THE Cn y OF CUPE%ZNO R]D=0 FSNDING APPROVAL OF A USE PERMIT TO CONS MCT A 38,200 SQ. FT. CU MERC =OFFICE O24PTM �. �l-M 1-1 T 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 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) 7t:at the use or uses are in conformance with the General Plan of the City of Cupertino, aryl 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 aocarmndat:e the proposeduse. 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) The site is a shopping center built prior to 1973 in accordance with Policy 6(A) of the General Plan Land Use Element; therefore, a portion of the site is exempt frram cx�lian with the TIPS system. NOW, THEREFORE, BE IT RESOLVED: i • That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby reccaue ded for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subeonclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 14-U-87 as set forth in the Minutes of the Planning Commission Meeting of November 9, 1987, and are incorporated by reference as though fully set forth herein. • 11 RESOLUTION NO. 4013 (14-U-87) 11/09/87 PAGE -2- SECTION II• DESC1t=ON OF PROJECT Application No(s) 14-U-87 and 15-FA-87 Applicant: Josegh Bellano Property Owner: Cali Lard Associate. et.al Location: Southwest corner of Blaney and Stevens Creek Boulevard - existina Blaney Sh000ira center (20020 Stevens Creek Boulevard) Parcel Area (Acs): 2,157 DIY• aa1 • 1'r',h /aulaJY- •1a• •r• r Street widening, improvements, and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB. GUTTER & SIDEWALK Curbs, gutters, sidewalks, and structures shall be installed to grades and be constructed in accordanoe with standards specified by the City Engineer. Curbs, gutters and sidewalks for the Stevens Creek Boulevard frontage shall be provided in accordance with the Stevens Creek Boulevard Sidewalk and Lwyiscaping Standard. Street lighting shall be installed as approved by the City Engineer. All on and off -site lighting shall designed to avoid interference 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 SIC31S Traffic control signs shall be placed at locations to be specified by the City. C��IY:�a�1ryM:+aa�y 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. RESOLUMON NO. 4013 (14-U-87) 11/09/87 PAGE - 3 - � tli7l-bylz j Eno • 10. Grading shall be as approved and required by the City Engineer in accordance with ordinance No. 214(a). • a�la• a 1? Pedestrian easements over the sidewalk area shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to ismmnce of building permits. Drainage shall be provided to the satisfaction of the City Engineer. The developer shall be responsible for complying with the requirements Of the Underground Utility ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall 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 mist have prior approval of the utility aanpanies and the City Engineer.) � 71 � ' li • H'/71? li The project developer shall enter into a development agreement with the City of Cupertino providing for implementation of iggmovements and payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for urdergro siding of utilities. Said agreement shall be executed prior . to issuance of construction permits. 12. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located wmdergroumxd such that said equipment is not visible from public street areas. 13. MASONRY FTP,LL The existing masonry on the project's mutual boundary with residentially used property must maintain a uniform height of at least six feet as measured from highest adjoining grade. Said wall shall be subject to inspection and repair as necessary to ensure satisfactory noise attenuation. RESOLUPION NO. 4013 (14-U-87) 11/09/87 PAGE - 4 - .. ��.1. M .: •. a y. • i ps aa•LiJ4i1aW 14. AEFROVED E7ffiIBITS The approval is based an Exhibits A 3rd Rev., A-1 1st Rev., B 1st Rev., B-1 1st Rev., B-2 1st Rev., B-3 1st Rev., B-4 1st Rev., B-5 1st Rev., and B-6, of Application 14-U-87 except as may be amended by additional conditions enumerated herein. 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 changes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Comnissicn. t-7 .�.My Y * IS1 Permitted uses may include all uses allowed without the securing of a Use Permit in the City of Cupertino CG (General Ccnv ercial) zoning district. All other uses requiring Use Permit review in the CG zone or modification of uses which require use permit approval shall require Use Permit review within the subject Use Permit. Restaurant and Restaurant/Lounge uses on the site shall be limited as follows: • "Nite Kap" — 150 Seats with live entertainment and a separate bar, permitted to operate between the haul of 6:00AM-2:00AM 11Hanzsusl+i" — 160 Seats including a separate bar, no live entertainment, hours of operation 6AM-llPM IrVillage Gent" — 1200 s.f. sandwich shop with beer/wine permitted, no live entertainment or separate bar is permitted, 90 seats, hours of operation 6AM--liFM 17. LANDSCAPE REVIEW Zhe applicant/developer shall submit a comprehensive landscape planting plan for informal review by the Architectural and site Approval Cucnnittee prior to issuance of building permits. said plan shall indicate compliance with the standards for parkway planting and street trees as specified in the Stevens Creek Blvd. sidewalk Plan. ITSOLUrION NO. 4013 (14-U-87) 11/09/87 PAGE - 5 - 18. FLCOR AREA RATIO The Planning Couaission finis that the developer has satisfied the criteria specified in Policy 6(a) of 1-GPA-84 to allow the addition of approximately 5,000 square feet of commercial retail floor space for each existing shopping center beyond that allowed under the Floor Area Ratio (2 centers X 5,000 sq. ft. - 10,000 bonus). Additionally, the undeveloped, .61 acre site qualifies for a redevelopment credit of 1,000 sq. ft. because it is being incorporated into the consolidated development scheme. Transfer of FAR develcpnent credit between individually owned parcels shall be formalized through recordation of appropriate legal instruments in accordance with procedures specified in the city's FAR Transfer Manual. • The precise FAPVT4t1P development credit allocated to each site shall be determined by the final site area based on a future tentative map to reconfigure lot lines. 19. P R Use Permit recognizes a deficit of approximately 10 spaces otherwise required under Ordinance 1277. Provision oP additional restaurant or bar/cocktail lounge space shall require separate Use Permit review to ensure adequate adjustment of retail and office use to food service parking availability. The developer shall provide five (5) secured bicycle locking devices. •,. �. n a . - is • Approval is granted to construct a total of 38,200 including the following: 1. Remodel and add 4,700 sq. ft. of restaurant space and 500 sq. ft. of office space to the existing 8,500 sq. ft. Hamrash„s i/Nite Cap building. 2. Demolish the 6,500 sq. ft. Blaney Center. 3. Construct a new 24,640 sq. ft. building consisting of 1,200 sq. ft. for a sandwich shop, 13,880 sq. ft. for retail commercial uses and 9,560 sq. ft. for office space. The rear doors on building 2 (south building) are authorized for emergency exiting only. No servicing of shops, deliveries or garbage removal frcrn these doors is permitted. The doors shall remain closed at all times. The property owner(s) shall take responsibility to incorporate the above provisions into the individual lease agreements and shall be responsible for ensuring carplianee with all oonditiens. RESOLUTION NO. 4013 (14-U-87) 11/09/87 PAGE -6- 22. NOISE IQJM G DEVICES No public address system or paging system, powered megaphone or similar noisenaking device shall be permitted outdoors at any time. 23. NO ,I F Noise emanating from within the buildings shall not be audible on any nearty residential property. 24. Provide a minimum 10 ft. setback to the second story of the south building to preclude the necessity of a fire parapet. . 25. IANDSClAPING SETBACKS Provide approximately 5 ft. of landscape area along the south property litre. Provide a minirmm 20 ft. setback E the east property line to the east building face. 26. MECHANICAL ROOF SCREEN The applicant shall return to ASAC for informal approval of the mechanical screen treatment. The applicant shall provide details of the screen and examples of buildings which provide a similar mix of architectural details. 27. ARCH=EC7URAL TTEATMERr - SCUM BUILDING The secord floor building fascade shall provide additional relief/shadowing by alternating the setbacks on the individual architectural elements and/or providing greater detailing of the window treatment similar to the building addition provided on the front building. The applicant may propose alternative techniques. The final design solutions shall be subject to ASAC approval. 28. MECHANICAL DQUIPNMErlE P Roof mounted mechanical equipment shall be fully screened. Roof equipment proposal on the second floor roof elements shall be enclosed within the roof and shall not be visible. 29. PHASING The project may be phased provided all applicable conditions of approval are azplied with, sufficient parking is available for each phase, and all perimeter landscaping and street,/sidewalk improvements are installed subject to staff approval. RESOLUTION NO. 4013 (14-U-87) 11/09/87 PAGE - 7 - ID 30. RECIPROCAL ACCESS EASEMENTS The developer shall record an appropriate deed restriction and covenant running with the land subject to approval of the City Attorney, for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from all affected parcels. 31. FUTURE RECIPROCAL EASEMENTS The developer shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, which shall obligate existing and future property owners to provide for reciprocal ingress and egress easements to and from all adjacent parcels. 32. LOT LINES The existing interior lines shall be eliminated or relocated to comply with appropriate building and fire codes. Additionally, reciprocal parking easements shall be recorded to ensure adequate parking is available for each individual parcel. PASSED AND ADOPTED this 9th day of November, 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: NAYS: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Robert Cowan Donald c enz''Chairman Director of Planning Cupertino Planning Commission RSO14U(Mark)