Reso 24743 9-U-8:
RESOLUTION NO. 22474
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ADD APPROXI-
MATELY 5,300 SQ. FT. TO AN EXISTING COMMERCIAL CENTER
AND CONSTRUCT A NEW RETAIL COMMERCIAL BUILDING
CONSISTING OF 3,600 SO. FT.
APPLICANT: Edwin J. Myers (Allan G. Dyer)
ADDRESS: 10601 South De Anza Boulevard, Cupertino,
California 95014
SUBMITTED: November 30, 1983
LOCATION: East side of South De Anza Boulevard approximately
350 ft. north of Bollinger Road and 1225 ft. south
of Silverada Avenue.
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FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
subconciusions as set forth in the minutes of the Planning
Commission meeting of January 9, 1984_
CONDITIONS:
1-14. Standard _Conditions
Standard Conditions to the extent that they do not conflict
with the special conditions enumerated herein. In the
event a conflict does exist, the special conditions as
enumerated herein shall apply.
15. Angrav_ed_E;_hibits
The approval is based upon Exhibits A and B of Application
39-U-8- as may be amended by additional conditions
contained herein.
16. Permitted_Uses
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 a CG zone (including
fast-food restaurants) shall require use permit review in
the subject Planned Development zoning district.
17. LandscaEe_Refi ew
The applicant hall return to the Architectural and Site
Approval Committee for informal review of detailed
landscaping plans.
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C I T Y O F C U P E R T I N 0
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF A USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a USE PERMIT, as stated on Page 2; 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
and is 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 beyond 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 use
nor injurious to property and improvements in the neighbor-
hood. 11
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERMIT
is hereby recommended for approval, subject to the conditions stated
on Page 2; and 11
BE IT FURTHER RESOLVED:
That the aforementioned findings be approved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
U
planning Commission Resolution No. -2474 (cont ' d )
0 ic'Z. Sigt'3_Er_ogcam
The proposed Shopping Center sign
applicant shall return to the
Approval Committee for review of a
19. Reci.pnggg _Easements
The applicant shall record a co
and future property owners
ingresslegress easements with the
the south and north at such time in
can require the same agreement
owners.
20. Sound Wall
9-u-SL
is not approved. The
Architectural and Site
sign program.
venant obligating existing
to provide reciprocal
adjoining properties to
the future as the City
of the adjoining property
The applicant shall repair or replace any sections of the
sound wall which are cracked or in a state of disrepair. A
6 ft. high sound wall (measured from highest point of
adjoining finished grade) shall be installed along the
north property 'Line adjacent to the rear yards of the
existing homes on Silverado Avenue.
21. I nt er i or _Pr oper_t y-Lines
The applicant shall erase all existing interior property
lines.
Minor -Changes
In the event that the applicant or subsequent property
owner desires 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 of Planning and
Development 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 of Planning and Development
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 of Planning and Development shall submit the
change 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 No.
65? 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
Council, said request to be made within ten (10) days from
date of approval - when the change has been approved by the
Planning Commission.
Planning Commission Resolution No. 2474 (cant"d) 39-U-83
LJ
23. Emeloyee_Ran ing
In order to encourage greater use of parking areas next to
the Regnart Creek Flood Control Channel, the south facing
elevation of the east wing elevation depicted on Exhibit B
shall contain windows and a public entrance.
24. Emoloyee_Parking
The applicant shall encourage employees to utilize the
easterly parking lot located to the rear of the existing
retail building.
25. Architectural _and_Site_Aeerov_al_Committee_Review
The Architectural and Site Approval Committee shall review
the design and placement of trash enclosures for the entire
site.
A
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PASSED AND ADOPTED this 9th day of January, 1984, 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, Koenitzer, Szabo,
Chairperson Blaine
MAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: . APPROVED:
/s/ James H. Sisk /s/ Sharon Blaine
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James H. Sisk Sharon Blaine, Chairperson
Planning Director Planning Commission
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