Reso 2600 29-U-84 •
RESOLUTION NO. 2600 •
OF THE PLANNING COMMISSION ❑F THE CITY ❑F CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ADD
APPROXIMATELY 1 ,700 SO. FT. TO AN EXISTING
24,800 GROSS SQ. FT. RETAIL FURNITURE STORE.
APPLICANT: Alan Firenzi
ADDRESS: 19900 Stevens Creek Boulevard,
Cupertino, California 95014
SUE+MITTED: November 30, 1984
LOCATION: South side of Stevens Creek Boulevard approximately
700 f t. east of Blaney Avenue.
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 January 16, 1985.
CONDITIONS:
1=15. STANDARD CONDITIONS
IllStandard ' Conditions to the extent that they d❑ 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 recommendation ❑f approval is based on Exhibits
A and B of Application 29-U-84 except as may be amended
by special conditions enumerated herein.
17. . TRIP CONSTRAINT
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The land use intensity shall be limited to an intensity
that will not generate more than 16 ❑ne-way trips per
acre at the peak traffic hour , or such other traffic
constraints as may be imposed by the current General
. Plan. For the purpose of the 16 one-way trip Traffic
Intensity Performance Standard, the following accounting
of trips is hereby incorporated into the project
approval :
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TRIPS GENERATED BY THE PROJECT: 19. 9
• TRIPS ALLOCATED TO THE PROJECT SITE: 30. 4
SURPLUS TRIPS: 10. 5
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CITY OF CUPERTINO
City Hall, 10300 Torre; Avenue
1111
Cupertino, California 195014
Telephone: (408) 25274505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND-
ING APPROVAL OF A USE PERMIT i,
I 1
WHEREAS, the Planning Commission of the City. of Cupertino received an
application for a USE PERMIT, as stated on1P;age 2; and
WHEREAS, the applicant has met the burden of proof required to support
said application; and 1
WHEREAS, the Planning Commission finds thaltjthe 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..
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b. That the property involved is adequate in size and shape to
accommodate the proposed use. •
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c. That the proposed use will not generate a level of traffic •
over and beyond that of the capaclity 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 neighb',or•hood of such proposed use
nor injurious to property and improvements in the neighbor-
, hood.
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, subjeat ; to the conditions stated
on Page 2; and
BE IT.FURTHER RESOLVED:
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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.
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Planning Commission Resolution No. 2600 (continued) 29-U-84 •
In the event that a development does not utilize the full
16 trips-per-acre allotted by the trip end performance
standard , the owner of record shall have the ability to
sell or transfer trips with other property owners within
the Traffic Intensity Performance Standard Area. All
sales or transfers of trips shall be filed with the
Planning Director and City Clerk. . No sale or transfer
shall be finally consummated until a use permit has been
approved for the property to which the trips are to be
applied. The applicant shall record .a covenant to
describe the trip-acre constraint and the total number of
trips allocated to the particular development at the time
of development approval . The covenant shall be worded to
suggest that future purchasers of properties consult the
individual Use Permit files to obtain an up-to-date
status . report of trips allocated to each particular
property.
18. DEED RESTRICTION
In order to comp'ensa.te for a lack of parking for General
Commercial or office activities, the property owner shall
• record a deed restriction stating that the building may
be used as a retail furniture store only. This deed
restriction shall be subject to the approval of the City
Attorney.
The property owner/applicant may seek Use Permit approval
far another use. If approved, the deed restriction may
be modified accordingly.
19. PARKING
The applicant shall provide a minimum of 78 parking
spaces.
20. FUTURE INGRESS/EGRESS EASEMENTS
The applicant shall sign an agreement to participate in a
reciprocal access easement with the adjoining property
owner (s) when said property owher (s) are obligated to
participate in a similar agreement. •
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21.: LANDSCAPING
The front landscaping may be adjusted to maintain
visibility of the building and compliment existing trees,
provided the landscaping is consistent with policies in
the Stevens Creek Boulevard Sidewalk and Landscape
• Standards. All such landscape adjustments are subject to
Planning Department approval .
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Planning Commission Resolution No. 2600 (continued) 29-U-84
22. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk area shall be
prepared by the applicant, reviewed by the City Attorney
and recorded on the subject property prior to issuance of
building permits.
PASSED AND ADOPTED this 16th day of January, 1985, 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, Sorensen, Szabo and Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Mackenzie
ATTEST: APPROVED:
/s/ Jams H. Sisk /s/ John Claudy
• James H. Sisk John Claudy, Chairperson
Planning Director Planning Commission