Reso 4017CITY OF CUPERTINO
10430 S. De Anza Blvd.
Cupertino, California 95014
RESOLUTION No. 4017
OF THE PLANNING 0341ISSICN OF THE CITY OF CUPERTINO
REOCrATE2'NDING APPROVAL OF A CHANGE OF
ZONn4G FRCM OG (GENERAL O3*1bIAL)
TO P (PLANNED DEMOPKETr WLTH GENERAL CQT>F =AL INTENT)
SECTION 1 • FINDnM
wHEREAS, the Planning commission of the City of Cupertino has received an
application for a change of zone or prezoning, as described on Page 2 of
this Resolution; and
wHERFAS, the necessary public notices have been given in accordance with
the procedural Ordinance of the City of Cupertino, and the Planning
Commission has held one or more Public Hearings on the subject
application; and
�- WHEREAS, the Planning ca=issicn finds that the subject change of zone or
prezone meets the following requirements:
1) Encourages the most appropriate use of land
2) Conserves and stabilizes the value of property.
3) Provides for adequate access to light and air.
4) Permits adequate control of fires.
5) Protects public health, safety and welfare.
6) Promotes the orderly development of the City.
7) Benefits the property and improvements in the zoning district and
neighborhood in which the property is located.
8) The designation of this site as a planned development district is
consistent with the purposes for said district as established in
Section 3 of Ordinance 618.
NOW, THEREFCm, BE IT RESOLVED:
That after careful consideration of maps, facts, Wdribits, testimony and
other evidence submitted in this matter, the application for Change of
zone or prezone is hereby recommended for approval; and
BE IT FUR I NFR RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based upon are contained in the Public Hearing
record concerning Application 8-Z-87 as set forth in the Minutes of the
Planning Ccmission meeting of December 14, 1987, and are incorporated by
reference as though fully set forth herein.
RESOLUTION NO. 4017 (8-Z-87) 12/14/87
PAGE -2-
SECTION II• PROJECT OESCRZFTION
Application No(s) 8-Z-87,
Applicant: West valley Shopoina Center
Property Owner: Joseph Franco
Location: Southwest Quadrant. Hmeitead Road and De Anza
Boulevard
crnroN IIT: CONDITION AaMUSTERED BY THE PUBLIC WORKS MM&HIMM
1. STREET WIDEMNG
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications as required by the
City Engineer. Said requirement may extend to provision of a second
left turn lane westbound at the Homestead/De Anza intersection.
2. CXW AND GUITFEi IMPRnVFSiFITIS
Curbs and gutters, sidewalks and related strictures shall ,be
installed in accordance withgrades and standards as specified by
the City Engineer.
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.
MMM� •430 -
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.
7.: GM
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
•
RESOLUTION NO. 4017 (8-Z-87) 12/14/87
PAGE -3-
410 8. DRAINAGE
Drainage shall be provided 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.
10. DEVELOPMENT AGREEMENT
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.
SECTION IV: CONDITIONS ALMaNISTERED BY THE PLANNING DEPARTMENT
® 11. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit A of Application
8-Z-87 except as may be amended by the conditions contained herein.
12. USES PERMITTED
The subject rezoning action will facilitate construction of an
expanded retail center on the subject site. Said construction may
proceed only upon City Council approval of a Use Permit which shall
include adoption therein of a Definitive Development Plan as defined
in Section 4B of Ordinance 618.
PASSED AND ADOPTED this 14th day of December, 1987 at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo, and
Chairman Mackenzie
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: CO4MISSIONERS:
ATTEST: APPROVED:
• GIL/IAA
Robert S. Cowan Do Mackenzie,
Director of Planning Cupertino Planning 'ssion
RS08Z87(M-7)