Reso 303824-U-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RESOLUTION No. 3038
RECOMMENDING APPROVAL OF A USE PERMIT
FOR CONSTRUCTION AND OPERATION OF A TWO LEVEL PARKING
STRUCIVRE SERVING A REGIONAL SHOPPING CENTER
SECTION I• FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for Amendment of an existing 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) 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.
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 recamnended for approval, 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 24-U-87 as set forth in the Minutes of the Planning
Commission Meeting of May 26, 1987, and are incorporated by reference as
though fully set forth herein.
RESONMON No. 3038 (24-U-87) 05/26/87
Page - 2 -
SECTION II: CrPR0.TEDESCRIPPION
Application No(s)
24-U-87 and 22-EA-87
Applicant:
Westfield, Incorporated
Property Owner:
Same
Location:
Vallco Fashion Park; Perimeter Road northerly
of Emporium -Caswell site
Parcel Area (Ac):
.51 net
.75 gross
USE PERMIT To construct and operate a two -level parking garage
serving a regional shopping center.
SECTION III: CONDITIONS AEMMSTERED BY THE PUBLIC WORKS DEPABR=
1. STREU IlMPRAVES' M & DEDICATION
Street widening, inprovements, 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 accordance with standards specified by
the City Engineer.
3. LIGHTING
Street lighting shall be installed and shall be as approved by the
City Engineer. All lighting shall designed to eliminate
interference with adjacent areas and shall be no higher than the
maxim= 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 SIGNS
Traffic control signs shall be placed at locations to be specified
by the City.
WIMef;i\P]11td
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance No. 214(a).
UNN�R'
Drainage shall be provided to the satisfaction of the City Engineer.
RESOLUTION No. 3038 (24-U-87) 05/26/87
Page - 3 -
8.
The developer shall be responsible for caaplying 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 must have prior approval of the utility ccmpanies and the
City Engineer.)
H • �Y/71 � ;e4171�i : H: �IDul7��lY
The project developer shall enter into a development agreement with
the City of Cupertino providing for payment of fees, including but
not limited to cheddilg 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.
10. ELECTRICAL AND TELEPHONE TRANSFORMERS
Electrical and telephone transformers shall be screened with fencing
and landscaping, or unlergrounded, such that they are not visible
from public street areas.
SECTION 1V: CONDITIONS A MISTERED BY THE PLANNING DEPARII¢NT
11. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits A 1st Rev.,
A-1 1 st Rev., B, C of Application 24-U-87 except as may be amended
by additional conditions enumerated herein.
12. USES PEFUMTED
The subject Use Permit authorizes construction and operation of a
two level parking garage encompassing 292 spaces serving a regional
shopping center. Construction of said facility shall proceed in one
phase, and shall proceed in substantial oompliance with the design
concept indicated in the approved Exhibits referenced in Condition
11 of this Resolution.
13) FIRE AND B DING CODE COMPLSANCE
Prior to issuance of building permits, the developer shall
demonstrate compliance with applicable provisions of the city's
adopted fire and building codes.
RESOLUTION No. 3038 (24-U-87) 05/26/87
Page - 4 -
411 14) TRUCK DOCK ACCESS
Hours of operation for the truck dock shall coincide with hours
prescribed in the Municipal Code.
PASSED AND ADOPTED this 26th day of May, 1987 at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call
vote:
AYES: COMMISSIONERS: Szabo, Claudy, Adams, Vice-Chr. Sorensen
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chr. Mackenzie
ATTEST: APPROVED:
.rPvW`
Robert Cowan Ldaralee Sorensen, Vice-Chairman
Director of Planning Cupertino Planning Commission
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