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Reso 408416 U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4084 OF THE PLANNING COFMISSION OF THE CITY OF CUPERTINO RECOMV1ENDING APPROVAL OF A 5,450 SQ. FT. RETAIL COMYLERCIAL BUILDING SECTION I: FINDINGS WHEREAS, the Planning Conmission 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 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 recomanended 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 16U-88 as set forth in the Minutes of the Planning Comuission Meeting of July 25, 1988, and are incorporated by reference as though fully set forth herein. Resolution No. 4084 (16 U-88) 07/25/88 Page -2- SECTION II: PROJECT DESCRIPTION Application No Applicant: Property Owner: Location: SECTION III: CONDITIONS AEV=STERED BY THE PSG DEPART= 1. STREET WIDENING Street widening, improvements and dedications shall be provided 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. 3. STREET LIGHTING INSTALLATION 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. 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. STREET TREES 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. NMI-��r. Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. Resolution No. 4084 (16 U-88) 07/25/88 Page -3- 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 deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected 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. 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. WOW 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. 11. 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. SECTION IV: CONDITIONS ADF=STERED BY THE PUBLIC WORKS DEPARTFNT The recommendation of approval is based on Exhibits A, A-1, A 2, A-3, B, B-1, B-2, B-3, B-4, C, except as may be amended by the Conditions contained in this Resolution. Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. Resolution No. 4084 (16 U-88) 07/25/88 Page -4- 14o MODIFICATION OF APPROVED DEVELOPMENT PLAIN 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 Comn ssion, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning Comnission, 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. 15. USE T ITATIONS ee (GHAT, 00=CIAL) Approval is granted to construct a 5450 square foot, one story commercial building. Permitted uses may include all uses allowed without the securing of a Use Permit in the City of Cupertino CG (General Commercial) zoning district. All other uses requiring Use Permit review in the CG zone shall require Use Permit review in the subject Planned Development Zone. Signs. depicted on the approved Exhibits are not approved under this application. Applicant shall submit an application to the Architectural and Site Approval Committee for approval of a comprehensive sign program for the center. 17. RELOCATION OF BUILDING The structure shall be moved 2 ft. to the north to ensure adequate vehicular site visibility. 18. FRONTAGE LANDSCAPING The average depth of the landscape setback along the DeAnza Boulevard frontage shall not be less than 30 ft. The Commission finds that the extensive roadway dedication required for the McClellan Road realignment constitutes an unusual site problem which warrants the waiving of the south DeAnza Boulevard Conceptual Plan requirement for a 35 ft. wide setback depth. Resolution No. 4084 (16 U-88) 07/25/88 Page -5- The following modifications shall be made to the landscaping plan: to The Ceijera Parviflora (Australian willow) along McClellan Road shall be replaced by a tree species with a: high canopy. The intent is to ensure that the trees will not obstruct traffic visibility. 20 Two additional trees shall be installed along the southeastern frontage of the site. 3. Shrubs shall be installed along the edge of the landscape area south of the parking lot to provide additional understory interest and to screen the parked cars. The remainder of the southerly landscape area shall be planted in lawn. Shrubs within the site triangle shall be the low growing variety. The applicant shall submit a final landscaping plan which reflects the aforementioned modifications to staff prior to issuance of occupancy permits. 20. Tn7=L STOPS The applicant shall install concrete wheel stops in all parking spaces. The wheel stop shall be installed 1 ft. 6 in. from the front of a regular sized parking space and 1 ft. from the front of a compact parking space. 21. DRIVEWAY MODIFICATIONS The driveway shall be a maximum of 44 ft. in width. The applicant shall install a median approximately 4 ft. in width in the driveway to channelize driveway traffic. The median shall be approximately 8 ft. in length. The driveways shall be clearly marked with arrows to delineate traffic direction. The final design of the median shall be approved by the Planning Department prior to issuance of building permits. All mechanical equipment shall be screened from public view. The applicant shall record a convenant obligating existing and future property owners to participate in reciprocal parking and access easement with the adjoining property owners. Said easements shall be implemented at such a time as the adjoining property owners are obligated to participate in a similar agreement. The covenant shall be approved by staff and recorded by the applicant prior to issuance of building permits. IN Resolution No. 4084 (16 U-88) 07/25/88 Page -6- PASSED AND ADOPTED this 25ich day of July, 1988 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: NAYS: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: r Robert Cowan Director of .: RS016U88(P9) NVV f: L9uralee So36er-sei�, Chairwoman Cupertino Planning Commission