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Reso 419319-U-89 C I T Y O F C U P E R T I N O 10300 Torre Avenue Cupertino, California 95014 RE90LLMCN No. 4193 OF THE PLANNING COWUSSION OF MiE QTY OF CUPF RrM REO" ENDING APPROVAL OF A USE PE*= TO DEMOLISH AN EXISTING SERVICE S=CN AND OCNStRIJCT A 6,500 SQ. FP. RETAIL BUILDING WITH RELATED SITE Il4FR0VE' WS SECPION I• FINDINC,S WHEZFA.S, the Planning Ccumission of the City of clnpertino 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 finis that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan oflu 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 nit 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. NOF1, TfiE IUME, BE TT RE90LVED: 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 subconclusiens upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record ung Application 19-U-89 as set forth in the Minutes of the Planning cm nission Meeting of September 11, 1989, and are incorporated by reference as though fully set forth herein. 14' Resolution No. 4193 (19-U-89) 9/11/89 Page -2- SECTION II• PflIDGT DATA: Application No(s) 19-U-89 and 24 -EA -89 Applicant: Jerry A. Iger Property Owner: La Mancha Development Co. Location: HE Corner Stevens CreeMllina SMTION III: CONDITIONS ADMINISTE2ZED BY THE PUBLIC WORKS DEPARIl�: 1. CURB AND GUMT11 IMPRL7VQ�NIS Curbs and gutters, sidewalks and related structures shall be installed in acoordanoe with grades and standards as specified by the City Engineer. 2. STREET LIGHTING INSfALTATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positicrwd so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maxim= height permitted by the zone in which the site is located. 3. FIRE Fire hydrants shall be located as required by the City. 4. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 5. SIRFEP 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. 6. GGPAD Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. 7. DRAINAGE 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 eopvnected 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. Resolution No. 4193 (19-U-89) 9/11/89 Page -3- 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. 'Ihe developer shall submit detailed plans showing utility underground provisiats. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. r r a• : Y • AM"No 'rhe developer shall dedicate to the City all waterlines arca appurtenances installed to City standards and shall reach an agreement with San Jose Water Works for water service to the subject development. The recommendation of approval is based on Exhibits Ml, EFQ, and Landscape Plan, except as may be amended by the Cbnditians contained in this Resolution. .w. 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. 13. 7 Ft�1NSFt3FdffRS Electrical transformers, telephone vaults and similar above grand equipment enclosures small be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 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 Directr of Planning and Development. If the Director makes a finding that the dwges are minor and do not result in a material affect upon the appearance or ftmctien of the project, said chantms may be certified on the revised plan. If approval of said danger is withheld, the applicant may appeal to the Planning Commission. 14, Resolution No. 4193 (19-U-89) 9/11/89 Page -4- If the Director finds that the requested changes are material, such changes shall be referred to the Planning Oomlission for approval. If the changes are denied by the Planning ocamisaion, the applicant may appeal to the City Council as provided in City Crdinanoe No. 652. If said changes are approved by the Planning Commission, an appeal may be made to the City Cm=il by any interested party. Further, any Member of the City Council may request a hearing before the City council regarding said approved dharges. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Cormissioh. Permitted uses may include all uses allowed without the securing of a Use Permit in the City of Cupertino Cv (General Commercial) zoning district. All other uses requiring Use Permit review in the CG zone shall require Use Permit review in the subject Planned Developrent Zone. The applicant shall submit a comprehensive landscape planting plan for informal review by the Architectural and site Approval Ccnmittee prioi+ to issuanoe of building permits. A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or mci e other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shill be subject to prior approval as to farm and content by the City Attorney. No public address system or paging system, powered megaphone or similar noisekOdnlg devioe shall be permitted outdoors at any time. A 6 ft. opaque wood fence shall be provided along the property lime adjacent to the neighboring residential properties of the fenoe are to be included in the permit drawings and must be approved prior to issuance of a building permit. t �LaC �._ 7C• ti. Y• 7 ID `Ihe developer shall record an approximate deed restriction and covenant running with the land subject to approval of the City Attorney, which shall provide for future necessary reciproml ingress and egress easements to and from the properties to the east and south. said deed restriction to be recorded prior to issuarne of any building permits. i ti, Resolution No. 4197 (19-U-89) 9/11/89 Page -5- by r;vo,.i5-Y1 Window display of merchandise on the Stelling and Stevens Creek frontages shall be configured to avoid obsc>ttring views into the sales area frac the public sidewalk. Temporary window signs on these frrntagea shall not obscure more than lot of the glazing area. PASSED AND ADOPPED this 11th day of September, 1989 at a Regular Meeting of the Planning Ow fission of the City of Cupertino, State of California, by the following roll call vote: AYES: COEMISSICNERS: Claudy, Szabo, Sorensen, Mackenzie, Chairman Adams NOES: CCMUSSICNERS: None ABSTAIN: COMMISSICNERS: None ABSENP: O:FMSSICNERS: None /s/ Robert CoFAW /s/ Victor Adams Robert Gowan Victor Adams, Chairman Director of C WMJrLity Development Cfpertino Planning Commission ,k \peresos\rsol9u89 11'