Loading...
Reso 4086APPLICATION 17 U 88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4086 OF THE PLANNING COYMSSION OF THE CITY OF CUPERTINO RECONMDING APPROVAL OF A USE PE=T TO CONSTRUCT A 21600 SQ. FT. RETAIL/OFFICE BUILDING SECTION Io FINDINGS i%Dl 2EAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described. on Page 2 of this Resolution; and T9MREAS, the applicant has met the burden of proof required to support said application.; and e]EREAS, 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) Than 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 17 U-88 as set forth in the Minutes of the Planning Commission Meeting of August 10, 1988 and are incorporated by reference as though fully set forth herein. RESOLUTION NO. 4086 (17 U-88) 08/10/88 Page -2- SECTION II.- APPLICATION DESCRIPTION Application No Applicant. - Property Owner. - Location: Parcel Area (Ac).- 17 U-88 and 27-EA 88 Francisco Sermer for Richard Scott East side' of Imperial Avenue, south of Stevens Creek Blvd. .15 SECTION III.- CONDITIONS ADM=STERED BY THE PUBLIC WORKS DEPARTMENT 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 specific by the City Engineer. Sidewalks shall be installed in a manner which allows a minimum of five (5) feet of sidewalk area which is unobstructed. This may require a sidewalk easement on private property. 3. LIGHTING Street lighting fixtures specified in Section 12 of the Monta Vista Design Guidelines shall be installed as directed by the City Engineer. All on and off -site lighting shall be designed to in no way 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. AIMNS0015 4� 2 11 Street trees shall be planted within the Public Right of Way and shall be provided in accordance with Section 8(B) of the Monta Vista Design Guidelines. RESOLUTION NO. 4086 (17 U-88) 08/10/88 Page -3- Grading shall be as approved and required by the City Engineer in accordance with Ordinance 214(a)o EMMM�%"F' i0 Drainage shall be provided to the satisfaction of the City Engineer. 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. Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded, such that they are not visible from public street areas. SECTION IV: CONDITIONS ADMINISTERED BY THE PLANNING DEPART=T 12. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A, A-1, B and C of Application 17-U-88 except as may be amended by the conditions contained. herein. 13. MODIFICATIONS OF TIC 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. RESOLUTION NO. 4086 (17 U-88) 08/10/88 Page -4- 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. The subject Use Permit authorizes construction of 'a 2,600 sofo retail/office building of two stories. The predominant use of the building shall be devoted to a retail showroom and warehouse for stocking of retail inventory. No manufacturing activity, and no use of industrial power tools, compressors or similar devices are authorized under this Use Permit. However, the warehouse area may be used for final assembly of premanufactured parts using small hand tools, and for applying touchup finishing materials. A table saw, loll blade size or smaller, may be used. occasionally to trim or make adjustments to cabinets manufactured off -site. No outdoor storage of inventory or materials shall be allowed. Wholesale distribution activity, or similar business operations involving frequent delivery truck trips two and from the site, are prohibited. Final interpretation of of the acceptable use intensity shall be rendered by the Planning Commission in instances of dispute. The floor area ratio shall not exceed .40 of the net lot area of 61500 sofo, in accordance with the general plan. V9.041141 Minimum off street parking shall be provided for the office and warehouse portions of the building as follows: Office oe ( 720 sofo @ 1 space/285 sofogofoao = 3 spaces Warehouse ee (1,140 sofo @ 1 space/450 sofogofoao = 3 spaces One handicapped -size stall shall also be provided. All parking stalls and aisles shall conform to City standard dimensions. Vehicles used in the business shall be parked inside the building during non business hours. 17. TRASH ENCLOSURE A trash enclosure shall be provided on the site. Alternatively, the trash containers may be stored inside the warehouse area at all times other than collection. RESOLUTION NO. 4086 (17 U-88) Page -5- 18 o ACCESS EASEMENT e ADJOINING NORT.EI MY SITE 08/10/88 The applicant shall record a reciprocal access agreement subject to approval of the City Attorney, for all parcels which provides vehicular and pedestrian access to the adjoining property to the north, more specifically designated as Assessor's Parcel No. 357-17-76. The intent of this condition is to provide for the common access and parking lot designs described in the Monta Vista Specific Plano 190 INGRESS/EGRESS EASEMENTS The applicant shall record an agreement obligating existing future property owners to provide reciprocal ingress and egress easements between the subject property and, all properties within the same block. Said easements shall be implemented at such time as the surrounding parcels redevelop and the City can require the adjoining property owners to agree to reciprocal easements. Said agreement shall be subject to prior approval by the City Attorney. The final architectural and landscape plans shall be subject to informal ASAC review prior to issuance of building permits. The Committee shall evaluate the possible addition of windows on the north elevation of the first floor, including the warehouse area, to reinforce the building's image as retail structure. The Committee shall also evaluate the possible reduction in height of the northerly roof element above the warehouse portion of the building. The final landscape plan shall be evaluated for consistency with the Monta Vista Design Guidelines. A minimum five (5) foot wide landscape planter shall be installed on the eastern border of the property with allowance for 1811 vehicle parking overhang. The building may be reduced in size if necessary to comply with this requirement. However, the minimum front setback of ten (10) feet must be maintained. PASSED AND ADOPTED this 10th day of August, 1988 at an Adjourned Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COFMSSIONERS: NAYS: CO=SSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Robert Cowan Director of Planning Mackenzie, Szabo, Chairwoman Sorensen Adams Claudy �Lauralee Sorensen, Chairwoman Cupertino Planning commission RS017U88(Plo)