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Reso 41138-U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 FWOU=CN No. 4113 OF THE PLADN= COMMISSION OF THE CITY OF CUPgQINO REO200MING APPROVAL OF A USE PER= TO CONSTRUCT A 36,600 SQ.FT. OFFICE COKnE C SECTION I• FINDINGS WHEREAS, the Planning Cammission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and MEREAS, the applicant has met the burden of proof required to support said application.; and WHEREAS, the Planning Comiission finis that the application meets the following rests: a) That the use or uses are in oonformanoe 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 aeccamoodate 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, testi=ny 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 subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record =xo rning Application 8-U-88 as set forth in the Minutes of the Planning Commission Meeting of October 10,1988, and are incorporated by reference as though fully set forth herein. RESOLUTION NO. 4113 (8-U-88) 10/10/88 PAGE -2- SECTIC N 3T • DESCRIPTION APPLICATION Application No 8-U-88 and 15-EA-88 Applicant: Cali -Land Property Owner: Same i=aticn: Southwest ouadrant of Blaney Avenue and Stevens Creek Boulevard Parcel Area (Acres): 2.1 yam ��' �!M_• �I �ya�a� 1.! 1MV;! 1. STREET ITVEMEtTlS & DEDICATION street widening, inprovements, and dedications shall be in accordance with city Standards and specifications and as required by the City Engineer. Curbs and gutters, sidewalks and related structures shall be installed in acoordanoe with grades and standards as specified by the City Engineer. 3. LIf3TI�1G Street lighting shall be installed as directed by the City Engineer. All on and off -site lighting shall be designed to avoid interference with adjacent private lard and public roadways. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. Traffic control signs shall be placed at locations specified by the City. Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with the Stevens Creek Boulevard sidewalk Plan. Grading shall be as approved and required by the City Engineer in accordance with Ordinance 214(a). RESOLIJI'ICN NO. 4113 (a-U-88) 10/10/88 PAGE -3- 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 isrsuaTMp of building permits. •i-• • na Drainage shall be provided to the satisfaction of the City Engineer. Mm applicant 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. Me applicant shall submit a detailed plan showing utility underground provisions. (M-iis plan must have prior approval of the utility rrapanies and the City Ercjineer.) all N • - la 11.171a la Zhe applicant shall be responsible for ccupleting the site as shorn on approved plot plan and shall be required to enter into a development agreement with the City of Cupertino providing for payment of necessary fees, including but not limited to checking and inspection fees, storm drain fee, and underground utility fee. Said agreement shall be executed prior to the issuance of a building permit. Electrical and telephone transformers shall be screened with fencing and landscaping, or undexgrvurded, such that they are not visible from public street areas. 13. MSC NRY 47P.IS� The existing masonry on the project's mutual boundary with residentially used property must maintain a uniform height of at least eight feet as measured F highest adjoining grade. Said wall shall be subject to inspection and repair as necessary to ensure satisfactory noise attenuation. 14. APPROVED FJQIIBTTS Ihe recommendation of approval is based on Sheets 1, 2, 3, 4, and 5 of Application 8-U-88 dated September 26, 1988, except as may be amended by the conditions contained herein. RESOIUI'ICN NO. 4113 (8-U-88) 10/10/88 PAGE -4- M� • �y v Y •'�1. • � � J9'•1171� •J�/a� •'MIY In the event that the applicant or subsequent property owner shall desire to make any minor change, alteration or amerkbent in the approved development plan or building permit, a written request and revised development plan or building permit shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the developnent area, the Director nay certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Camaission. If the changes are material, the Director shall submit said changes to the Planning Camussicn for approval. If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance 652 of the City of Cupertino. If the change is approvmember�of theaCityl �Councly belmayyan interested party. A=therany request a hearing before the, City Camcil, said request to be made within ten (10) days frmm the date of approval when the ck ange has been approved by the Planning 0®nission. .R 61 i�- Permitted uses may include all uses allowed without the securing of a Use Permit in the City of Cupertino Cr. (General Ctmmercial) zoning district. All other uses requiring Use Permit review in the OG zone or modification of uses which require use permit approval shall require Use Permit review within the subject Use Permit. Restaurant and Restaurant/Iwnge uses on the site shall be. limited as follows: "Hite Kap" 4,895 sq. ft., 150 seats, with live entertainment and a separate bar. Hours of operation limited to 6:00 a.m.-2:00 a.m. 4he applicant recognizes that this specific use is currently a legal nonconforming use and shall remain subject to the City's Noncmiforming Use Ordinance under this Use Permit 8-U-88. "Hamasus i" 3,580 sq. ft., 110 Seats including a separate bar no live entertairament or dancing, hours of operation 7 a.m.-11 p.m. "Deli/loe Cream"1,200 sq. ft., with beer/wine permitted. No live errtestairmment or separate bar is permitted, maviimm+ 45 Seats, maXiMUm 3 employees, hours of operation 7 a.m.-11 p.m. 17. IANDSCAPE REVIEW The applicant/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 plan shall indicate compliance with the standards for parkway planting and street trees as specified in the Stevens Creek Boulevard Sidewalk Plan and detail plantings along the south party line. RBSO=CN M. 4113 (8-U-88) 10/10/88 PAGE -5- The Planning Commission finds that the developer has satisfied the criteria specified in Policy 6(a) of 1-GPA-84 to allow the addition of up to 5,000 square feet of building area for each existing shopping center beyond that allowed under the Floor Area Ratio (2 centers x 5,000 sq. ft. a 10,000 sq. ft. bonus). Transfer of FAR development 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 FAR/TRIP development credit allocated to each site shall be determined by the final site area based on a future reconfiguration lot lines. 19. ARK NG Parking for the existing Hamasush; and Nite Rap operations is based on a ratio of 1 space for 3 seats plus 1 space per employee. Provision of 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 Planning commission shall review this Use Permit one year from date of occupancy to determine if additional parking mitigation measures are necessary. The developer shall provide at least five (5) secured bicycle looking devices. Approval is granted to construct a total of 36,600 sq. ft. including the following: 1. Pmodel. the existing 8,600 sq.ft. Eammash+shi/Nite leap building. 2. Demolish the 6,500 sq.ft. Blaney Center. 3. Construct a new 28,000 sq.ft. building Consisting of 1.200 sq.ft. for a deli or ice crew shop, 14,000 sq.ft. for retail commercial uses, and 14,000 sq.ft. for office space. r •� • - �.. ••. • a ia•,aa� r The rear doors on building 2 (south building) are authorized for emergency exiting only. No servicing of shags, deliveries or garbage removal from these doors is permitted. The doors shall remain closed at all times. me property owner(s) shall take responsibility to incorporate the above provisions into the individual lease agreements and shall be responsible for ensuring couplianoe with all conditions. RESOIUrIM NO. 4113 (8-U-88) 10/10/88 PAGE -6- 22. NOISE MAFiIITG DEVICES No public address system or paging system, powered majaphore or similar noisemakirrg device shall be permitted to broadcast cutdoors at any time. 23. NOISE Noise emanating from within the buildings shall not be audible on any nearby residential ply, Roof mounted med=-dcal 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. 25. PHASING The project may be phased provided all applicable caxliticns of approval are ocuplied with, sufficient parking is available for each phase, and all perimeter landscaping, noise attenuation galls and street/sidewalk improvements are installed in the first phase, subject to staff approval. The applicant shall return to the Planning Coamtission with a definitive phasing plan to be considered as an item uxrder unfinished business. As part of that plan the applicant shall izncorporate the remodeling of the front building to be Meted within the first phase. The developer shall record an appropriate deed restriction and cwerant running with the lam subject to approval of the City Attorney, for all parcels which share a ocamon private drive or private roadway with one or more other parcels. Additionally, reciprocal parking easemits shall be recorded to ensure adequate parking is available for ech individual parcel. Said deed restriction and parking easement(s) shall provide for necessary reciprocal ingress and egress easements to and frcan all affected paroels. 5 A Z4 2-�- a* Z' I-Nnt 4120,33 lal The developer shall record an appropriate deed restriction and covenant runtiirg 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. 28. TOT L�IFS The existing interior lines shall be eliminated or relocated to cxaply with appropriate building and fire codes.