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Reso 3097° 47-U-87 CITY OF CUPERTINO 10430 S. De Anza Boulevard Cupertino, California 95014 RESOLUTION No. 3097 OF THE PLANNING CCMMISSION OF THE CITY OF CUPFTC,'INO APPROVING A 7,030 SQ. FT. Ca*ERCIAL BUILDING, INCLUDING A 2,800 SQ. FT. 24-HOUR CONVENIENCE MARKET SECTION I: FINDINGS WHEREAS, the Planning Ccamission 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 Ccamdssion 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 acc m¢mdate 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, Z3IE3ORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidenoe submitted in this matter, the application for Use Permit is hereby reomwended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusion>_s upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 47-U-87 as set forth in the Minutes of the Planning Ccmunission Meeting of Octaber 12, 1987, and are incorporated by reference as though fully set forth herein. kFSOLUTZON NO. 3097 (47-U-87) 10-12-87 PAGE-2- SECTION II • PF4aM= CESCRIPTION Application No(s) 47-U-87 Applicant: Marian Development Property Owner: Marian GmM of C=yanies Location: Southwest corner of Homestead Road and North De Anza Boulevard SECTION III• CONDI ONS ALMMSPERED BY TTM PUBLIC WORKS I PAR rMF7Tf' 1. SrPELT WI Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as requited by the City Engineer. 2. CURB AND GOITER Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET IMMING INSPAIdATION street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE HY[BtANr Fire hydrants shall be located as required by the city. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the city. 6. 5'11;U= TREES Street trees shall be planted within the Rablic Right of Way and shall be of a type approved by the City in accordance with Ordinance 125. RESowriw NO. 3097 (47-U-87) 10-12-87 PAGE - 3 - 0o Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. MMER-UTPRI-f:n Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are downed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connocted to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. •a�•.n•• � /Y�t1YY�� The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of undergrvwxl utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider 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 of utilities. Said agreement shall be executed prior to issuance of construction permits. 11. TRAFFIC SIGIAL RELOCATION Traffic signals shall be relocated as required by the City. A right turn lane shall be provided on Homestead Road. M-A transition to the right turn lane shall be consistent with City Standards. The applicant shall install any off -site improvements necessary to ao=plish this, including off -site dedications. 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 issuance of building permits. RESOLUTION NO. 3097 (47-U-87) 10-12-87 PAGE - 4 - The recommendation of approval is based on Exhibits A let Rev., A-1 1st Rev., B Let Rev., B-2 1st Rev., B-3 1st Rev., C 1st Rev., Infos. 1, 2 and 3 Rev. of Application 47-U-87, except an may be amended by the Conditions contained in this Resolution. 15. USE LIMITATIONS Permitted uses include all uses allowed without the necuring of a Use Permit in the City of Cupertino CG (General Cmumercial) zoning district. All uses requiring Use Permit review in the CG zone shall require Use Permit review on the subject property. Approval is granted to construct a 7,000 ± square foot comrezcial building including a 2,800 square foot convenience market. The convenience market is permitted to sell alcoholic beverages. On -site consumption of alcoholic beverages is prohibited. If unlimited hours of operation become a problem, the planning Cc mnissien reserves the right to review this use permit. The Commission will consider all means of resolving problems associated with the 24 hour operation short of restricting hours. Restrictions on hours of operation will be used as a last resort if problems cannot be reasonably abated through other means. �aM. YY �. :ice 1•:a 11/u All existing structures on the site shall be removed prior to or concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in accordance with City ordinances. 17. INFERIOR PROPERTY LINES 18. The applicant shall file an appropriate subdivision map to delete all existing interior property lines. The applicant shall record a covenant agreeing to enter into ingresstime /hie City can require the same ofeasements with the jsaiddaadjooin ow►property �r at such The applicant shall record a covenant agreeing to consolidate driveways with the adjoining property owner at such time as the City can require the same of said adjoining owner. r:ESOLLTPION NO. 3097 (47-U-87) 10-12-87 PAGE -5- 20. LANDSCAPE REy1EW The applicant shall submit a ocuprehensive landscape planting plan for informal review by the Architectural and Site Approval Committee prior to issuance of building permits. The landscape plan shall provide for the screening of parked cars fran the public right-of-way. The frontage landscaping shall be modified to include Evergreen trees identified in the North De Anza Boulevard Conceptual Plan and the trees shall be arranged in informal clusters. Additional landscape treatment shall be incorporated to soften the appearance of the west elevation. 21. MODIFICATION OF APPROVED DEVEIDPKERr P?AN 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 Commission. If the Director finis that the requested changes are material, such charges shall be referred to the Planning Commission for approval. If the charges 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 charges by the Planning Oca i ssion. 22. DEBRIS The applicannt/cperator shall be responsible for cleaning up (on a daily basis) all debris on the subject site and all debris associated with the cawenienr_e market within 1,000 ft. of the site perimeter in any publicly accessible area, in any direction. written permission shall be obtained to enter any publicly accessible areas located on private property. This edition shall be subject to periodic monitoring by the City's Code Enforcement Division to ensure compliance. Failure to ocuply will constitute a violation of this Use Permit and may result in a rehearing before the Planning commission to consider other measures to ensure compliance. The applicant, by constructing said building, indicates his acceptance and concurrence with this Condition. RESOLUTION NO. 3097 (47-U-87) 10-12-87 PAGE - 6 - 23. SURVEILLANCE If, in the opinion of the City Manager, loitering becomes a problem, the applicant shall mount a television camera(s) which shall be connected to a television monitor in full view of the cashier of the convenience market. Said television camera shall provide constant monitoring and surveillance of the exterior driveway area and any portion of the parking/landscape area not directly visible from the cashier's position in the store. Said camera/television system shall be kept in constant use during day and night time operating periods and shall be maintained by the applicant/property owner at no expense to the City. 24. LIGHTING Lights shall be directed at the south and west walls of the building. Additionally, lighting in the parking lot shall be of a white tint, rather than orange or yellow. 25. CASH REGISTER The cash register shall be located so as to be reasonably visible from passing police patrols subject to approval of staff. 26. BUILDING COLORS Final building colors shall be subject to informal review and approval by the Architectural and Site Approval Committee. PASSED AND ADOPTED this 12th day of October, 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: Adams, Claudy, Sorensen, Szabo and Chairman Mackenzie NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: VOLAtin Robert Cowan Dona Mackenzie, irman Director of Planning Cupertino Plannin 'ssion RES47U87(C1)