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Reso 2580 19-U-84 RESOLUTION NO. 2580 40 OF THE PLANNING COMMISSION -OF THE CITY OF CUPERTINO APPROVING OFA USE PERMIT TO CONSTRUCT A CONVENIENCE MARKET IN A CG (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICANT: C & H Development Company ADDRESS: 3744 Mt. Diablo Boulevard, Suite 301, Lafayette, California 94549 SUBMITTED: September 25, 1984 LOCATION: Southeast corner of Bubb Road and McClellan Road FINDINGS AND SUBCONCLUSIONS: Approval is subject to the findings as set forth on Page 1 and the subconclusions as set forth in the minutes of the Planning Commission meeting of October 24, 2984. CONDITIONS OF APPROVAL: ' 1-15. 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. 16. APPROVED EXHIBITS That the approval is based on Exhibits A, A-1, B and D of Application 19-U-84 as may be amended by additional conditions contained herein. 17. APPROVED USE . Approval is granted to construct a 2,600 sq. ft. convenience market. Alcoholic beverage sales are limited to beer and wine only. On-site consumption of alcoholic beverages is prohibited. Up to three video games are permitted. Hours of operation are not regulated. If either the video games or unlimited hours of operation become a problem, the Planning Commission reserves the right to review this use permit. 18. LANDSCAPING, LIGHTING AND SIGNAGE The landscaping, lighting and signage ' shall return to the Architectural and Site Approval Committee for review and approval prior to release of building permits. The triangular shaped portion of the parcel located on the east side of the lot shall be incorporated into the landscape scheme subject to verification that an easement does not now exist which will prohibit such landscaping. 1 • V CITY OF CUPER INO City Hall, 10300 To Ire Avenue Cupertino, California 95014 Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO GRANTING 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 zo e in which the proposed use is to be located. b. That the property involved is adequate in size and shape to • accomodate the. proposed use. c. That the proposed use is otherwi e 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 anh improvements in the neighborhood. • 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 be, and the same is hereby granted, subje¢•t to the conditions stated on Page 2; and BE IT FURTHER RESOLVED: That the aforementioned findings be approled and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. • • 110 i � PLANNING COMMISSION RESOLUTION NO. 2580 (CONTINUED) .19-U-84 The landscape scheme shall incorporate grass turfed • mounds to screen vehicles and pavement areas while. retaining visibility into the market for. passing police patrols. 19. BUILDING PLACEMENT The building shall be shifted southerly to a distance of ; ft. from the south property line and the front landscaping on McClellan Road increased by an equivalent amount. DEBRIS • The applicant/operator shall be responsible for cleaning up (on a daily basis) all debris oh the subject site and all debris associated with the convenience market within the immediate vicinity of 1,000 ft. from the perimeter of the site in any publicly accessable area, in any • direction, written permission shall be obtained to enter any publicly accessable areas located on private • property. This condition shall be subject to periodic monitoring , by the City's Code Enforcement Division to • ensure compliance. Failure to comply will constitute a violation of. this Use Permit and may result in a • rehearing before the City Council to consider -other • 111 measures to ensure compliance. The applicant, by constructing said building, indicates, his acceptance and concurrence with this Condition. 21. SURVEILLANCE • If, in the opinion of the City Manager, loitering becomes' a problem, the applicant shall mount a television camera(s) which shall be connected to a . television monitor in full view of the cashier of said store. Said television camera shall provide constant monitoring and surveillance of the exterior driveway area and any portion of the parking/landscape area not directly visible from the cashier' s position in the store. Said camera/television system shall be kept in constant use during day and night time operating periods and shall be maintained by the applicant/property owner at no expense to the City. • 22. FENCING • • Fencing for the subject site shall be kept open to permit visibility by patrolling police officers into the parking area and store. 411 CONSOLIDATED PARCELS . The applicant shall merge all existing parcels into a single lot. 2. PLANNING COMMISSION RESOLUTION NO. 2550 (CONTINUED) 19-U-84 • 24. PROHIBITION OF NOISEMAKING DEVICES rNo public address or paging system, powered megaphone or similar noisemaking device will be permitted to emit noise outdoors at any time. • 25. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner 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. 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 my 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., • 26. . RIGHT TURN DEDICATION The applicant/property owner shall dedicate and improve a right turn lane along the east side of Bubb Road. 27. INSTALLATION OF MEDIAN The Bubb Road curb break shall be shifted in a northerly direction to align with the on-site driveway aisle and a raised vertical curb median installed in the center of Bubb Road from the intersection of Bubb Road and McClellan Road southerly to' block any left turn access into or out of the site at the Bubb Road entrance. 28. DRIVEWAY AND CURB-CUT The driveway and curb-cut on the Bubb '-Road frontage shall be shifted northerly to align with the on-site east/west oriented driveway. , PLANNING COMMISSION RESOLUTION NO. 2580 (CONTINUED) 19-U-84 S The applicant shall install a raised vertical curb median in the center of Bubb Road to prohibit left turns into or out of the subject site on Bubb Road. Some additional property dedication may be necessary to accommodate the raised median as determined by the Director of Public Works. PASSED AND ADOPTED this 24th day of October, 1984, at a regular adjourned meeting of the Planning Commission of the City of . Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, Mackenzie, Sorensen, Szabo, Chairman Claudy, • NAYS: None ABSTAIN: None ABSENT: None • ATTEST: APPROVED: s Robert Cowan s/ / / / John Claudy • Robert Cowan John Claudy, Chairman • Assistant Planning .Director Planning Commission • • • • • • • ••