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Reso 4103APPLICATION 15 U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No 0 4103 OF COYMISSION OF 1 OF •:R I' • EXPANSION OF AN EXISTING FREESTANDING RETAIL STORE, WIr1H RELATED siriE imr-RdvEmENTs SECTION I- FINDINGS 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 WHE AS, 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 lases 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 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 concerning Application 15 U-88 as set forth in the Minutes of the Planning Commission Meeting of September 12, 1988 and are incorporated by reference as though fully set forth herein. ME RESOLUTION NO. 4103 (15 U-88) 09/12/88 Page -2- SECTION II: APPLICATION DESCRIPTION Application No Applicant: Property Grainer: Location: West side of S o Sara�ogaSuri�le Road approximately 200 ft. south of Wildflower Way Parcel Area (Ac): 0.4 SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORDS DEPA' 1. STREET IMPROVEYMTS & DEDICATION Street widening® improvements,, 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 accordance with grades and standards as specified by the City Engineer. Sidewalks shall be installed in a manner which allows a minim m of five (5) feet of sidewalk area which is unobstructed. This may require a sidewalk easement on private property. 3. LIGHTING Street lighting fixtures shall be installed as directed by the City Engineer. All on and off -site lighting, shall be designed to innoway interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. Fire hydrants shall be located as required by the City. 5. TRAFFIC CONTROL.SIGNS Traffic control signs shall be placed at locations specified by the City. 6. STREET TREES Street trees shall be planted within the Public Right of Way as required by the city engineer. RESOLUTION NO. 4103 (15 U-88) Page -3- M In 09/12/88 Grading shall be as approved and required by the City Engineer in accordance with Ordinance 214(a). The building permit plan set shall include details for repair of all on -site asphalt surfaces, and connection of on -site drainage devices to the city storm drain system. Drainage shall be provided to the satisfaction of the City Engineer. 9. UNDERGROUND UTILITIES The 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. The applicant shall submit a detailed plan showing utility underground provisions. (This plan must have prior approval of the utility companies and the City Engineer.) The applicant shall be responsible for completing the site as shown 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.` 11. TRANSFOFMM SCREENING Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded., such that they are not visible from public street areas. 12. SIDEW= IMPROVEMENTS Sidewalk improvements shall conform with Condition 24(C) of 26-Z-81, and shall include appropriate transitions to the existing monolithic walks on the adjoining :sites. The final alignment of said sidewalk shall be structured to enable preservation of the existing Evergreen tree on the site frontage. The sidewalk plan shall include a paved surface at the existing bus stop for the convenience of passengers entering or leaving transit vehicles. The applicant may enter into a deferred agreement to install the new sidewalk. The new sidewalk stall be installed when the sites to the south or north redevelop requiring a new sidewalk. 13 o PEDESTRIAN EASEMENT 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. RESO=ION NO. 4103 (15 U-88) 09/12/88 Page -4- SECTION IV: CONDITIONS A2=STERED BY THE PLANNING DEPARTMENT 14. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A 2ndo Rev., B 1st. Rev., Info. lsta Rev. and. Info. 1 of 15U-88 except as may be amended by the conditions contained herein. 15. MODIFICATIONS OF THE APPROVED DEVELOPMENT PLAN In the event_ that the applicant or subsequent property owner shall desire to make any minor change, alteration or amendment 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 development area, the Director may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If the changes are material, the Director shall submit said changes to the Planning Commission. 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 approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the City Council, said request to be made within ten (10) days from the date of approval when the change has been approved by the Planning Commission. 16o INGRESS/EGRESS EASEMENTS The applicant 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 the affected parcels. 17. TREE PROTECTION The applicant shall provide a plan for preservation of the existing' specimen tree on the easterly frontage of the subject property. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each tree for the duration of construction activities. The plan shall include a mritten report from a consulting arborist or landscape architect, whose selection shall be approved by the Department of Planning and Development prior to preparation of the report. Said report shall detail measures to be taken to ensure the survival of said specimens during and after construction. RESOLUTION NO. 4103 (15 U-88) 09/12/88 Page -5- 18. EXPANSION APPROVAL The subject Use Permit authorizes construction and use of up to 1,790 sq. ft. of retail space, subject to compliance with the General Plan FAR and Parking requirements, for retail use intent as regulated by the conditions of the South Saragota-Sumyvale Road Conceptual Zoning Plano A definitive landscaping plan for .the project shall be subject to informal ASAC approval at the building permit stage. Said plan shall detail revised treatment of the landscape frontagesetback on Saratoga -Sunnyvale Road® and may entail removal of all or part of the existing hardscapes within said setback. The three parallel parking spaces located on the south side of the project site shall be shifted westerly to be consistent with the 35 ft. landscaped setback standard for South Saratoga -Sunnyvale Road. 2Oo ACCESSORY STORAGE DEVICES All existing, unapproved storage devices including cargo containers, shall be removed prior to issuance of building permits. 21. PARTICIPATION IN MEDIAN COSTS The applicant shall participate in the cost of a median for Saratoga -Sunnyvale Road based on the applicants proportionate share of the costa The proportionate share will be determined by the City Council based upon benefit formulas used to calculate assessment districtso PASSED AND ADOPTED this 12th day of September, 1988 at an Adjourned Regular Meeting.of the Planning Commission of the City of Cupertino by the following roll .all vote,. AYES,. COMMISSIONERS,. Adams, Szabo, and Chairperson Sorensen NAYS., COMMISSIONERS,. ABSTAIN,. COMMISSIONERS,. ABSENT,. CONVIISSIONERS,. Claudy, Mackenzie ATTEST,. APPROVED,. Robert Cowan ` I,auralee Sorensen® Chairwoman Director of Planning Cupertino Planning Commission RS015U88(P10)