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Reso 4016� C I T Y O F CUPERTINO 48-U-87 10430 S. DE ANZA BM EVARD, CUPERrD)O, CAI1FORNIA 95014 RESOLUTION NO. 4016 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO R!XXZ0 FMn)G APPROVAL OF A USE PERMIT TO OONS RUCT AND OPERATE A 37,000 SQ. FT. EXPANSION OF AN EXISTING SECTION I. FZfIDINGS WHEREAS, the Planning Cmmnission 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; anu WHEREAS, the Planning O=issicn 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 acoc madate 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 reccmfferrled for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the suboonclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 48-U-87 as set forth in the Minutes of the Planning Commission Meeting of December 14, 1987, and are incorporated by reference as though fully set forth herein. Rk5SO ION NO. 4016 (48-U-87) 12/14/87 PAGE - 2 Application No(s) 8-Z-87, Applicant: West Valley Shonpira Center Property owner: Joseph Franoo Iocation: Southwest gad=, Hanestgad Road and De Anza Boulevard ayY •. •nil• y� •: ; •;,��:• �IYa: • ��ii�iJ_—i��i�..•�i �- •�?!•:.i��viaf! street widening, improvements and dedications shall be provided in accordance with City Standards and specifications as required by the City Engineer. Said requirement may extend to provision of a second left turn lane westbound at the Hamestead/De Anza intersection. 1•: �• r /YYa�: luls:,•1/auia� Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. r 61 M !! —I •�F.yN Y •. 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 HYIfliANr 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. ,a � Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance 125. a•••• Grading shall. be as approved and required by the City Engineer in accordance with Ordinance 125. I RESOLLUTION NO. 4016 (48-U-87) 12/14/87 PAGE -3- 8. DPARNAGE Drainage shall be provided to the satisfaction of the City Engineer. 9. UNDERGROUND UTILITIES 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 underground 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. 10. DEVELAPMENT AGREE[4QlT 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 TV.: CONDITIONS ALTO MSTERED BY THE PLANNING DEPAMMEgT 11. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A 1st Revision, B, B-1, B-2, B-3, B-4 and C of Application 48-U-87, except as may be amended by the conditions contained in this Resolution. 12. PER4I TED USES Permitted uses include all uses allowed withou the securing of a use permit in the city CG (General Crnmercial) zoning district. All uses requiring a use permit in the 03 zone, including those activities which encompass outdoor display or sale of merchandise, shall be subject to a separate Use Permit approval. The proposed future kiosk structure is not approved. 13. FAR TRANSFER Prior to issuance of building permits, the developer shall record transfer of Floor Area ratio credit from the "Carl's Jr." parcel to the retail parcel adjoining on the south, Such that the overall Commercial FAR of .25 is maintained. Approximately 2,960 sq. ft. of floor area credit is to be transferred; the precise calculations and method of transfer shall be om pleted in accordance with the procedures specified in the City's FAR Transfer Manual. 14. DEFINITIVE DEVELOPMENT PIAN The approved Exhibits referenced in Condition 11 above shall constitute the Definitive Development Plan for the site's Planned Development zoning, as required under Section 4(B) of Ordinance 618. RESOIl1PION M. 4016 (48-U-87) 12/14/87 PAGE - 4 - 15. PAR A minimnnn of 367 spaces shall be provided on the retail site and Carl's Jr. restaurant site combined. Parking for retail uses shall be provided at 1 space for 200 sq. ft. of gross floor area; food service shall maintain parking at 1 space for each four seats plus one additional space for each employee. Exhibit A Let Revision shall be revised at the building permit stage to reflect substitution of standard size for oompact size stalls in a portion of the parking lot west of Buildings A and B. Compact size stalls may be distributed to other portions of the site, subject to staff approval. 16. TRAMC IMPACT MITIGATION The developer shall assume responsibility to implement the traffic mitigation recommendations appearing on Page 16 of the Barton-AscYmian study for the Hoaw_stead Square Expansion of October, 1987. Prior to application for construction permits, the developer shall prepare an alternative street improvement plan for the site's Homestead Road frontage to include protected turning movement devices and other suitable controls as directed by the City Engineer. The City Cocuncil shall determine if the developer shall be obligated to provide traffic signalization at Franco Ct./Hc estead Road, or to provide said street improvements as an alternative. 17. NOISE IMPACT MITIGATION Prior to issuance of building permits, the developer shall provide written certification from the project acoustical consultant verifying that said enclosure mitigates sound impacts in accordance with City Noise Ordinance standards. The rooftop mechanical well for Building A shall be increased in height on its southerly sloped element to afford additional noise and visual protection for the residential area to the south. As part of the Precise Development Plan required under Section 4(C) of Ordinance 618, the developer shall formal ASAC approval of a comprehensive landscaping and site lighting plan. Said landscaping plan shall reflect compliance with ASAC direction given at its meeting of October 12, 1987, and shall also include possible entwcemment of the southerly landscape perimeter to provide additional screening of the truck loading area for Building A. ASAC shall review the type of light fixture proposed in each location, with particular regard for the area south of Buildings A and B. Fixtures placed in this area shall be adjustable to ensure adequate protection of residences from intrusive effects of glare. RESOLUTION NO. 4016 (48 U-87) 12/14/87 PAGE - 5 - Ilk 19. SIGN PROGRAM Sign information indicated on the approved Exhibits in Condition 11 above shall be subject to separate review and approval by the Architectural and Site Approval Committee. 20. MODIFICATION OF APPROVED DEVELOPMENT 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 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 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 changes 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. 21. CORRIDOR ENCLOSURE The rear exit corridor from the REI building, as shown on Exhibit A-lst Revision, be enclosed at the developer's discretion. Said area, if enclosed, shall not be included for purposes of determining compliance with FAR requirements or minimum on-site parking. PASSED AND ADOPTED this 14th day of December, 1987 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COIMISSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman MacKenzie NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: \-atLi- Robert S. Cowan Donald Mackenzie, irman Director of Planning Cupertino Planning 'ssion RSO48U(M-7)