Reso 2615 6-U-85
RESOLUTION NO. 2615
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO •
410 RECOMMENDING APPROVAL TO CONSTRUCT A SINGLE-STORY,
4, 930 SQ. FT. EXPANSION TO THE EXISTING 1,210 SQ. FT.
PHOTO DRIVE-UP FACILITY.
APPLICANT: Gregg C. Bunker (Photo Drive-Up)
ADDRESS: 1357 Kooser Road, San Jose, California 95118
SUBMITTED: February 1, 1985
LOCATION: Northwest corner of South Saratoga/Sunnyvale Road
and Wildflower Way
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 March 25, 1985.
CONDITIONS:
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.
All 16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits
A 1st Revision, B 2nd Revision, C 2nd Revision, and
Informational of Application 6-U-85 except as may be
amended by special conditions enumerated herein.
17. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property
owner shall 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 witheld, 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
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CITY•
OF CUPERTINO
110
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.
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
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is hereby recommended for approval, subject to the conditions stated
on Page 2; and
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.
Planning Commission Resolution No. 2615 (continued) 6-U-85
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.
18. INGRESS/EGRESS EASEMENTS
• The applicant shall enter into a reciprocal
ingress/egress easements with the adjoining property to
the north. Said easement shall include provisions for
access from the parking area to the drive up wi
ndow lane
and to the north/south running aisle located west of the
building and shall provide for access from the curb-cut
on Saratoga/Sunnyvale Road to the two ingress/egress
points. Said easements shall be reviewed and recorded
prior to issuance of building permits.
19. PARTICIPATION IN MEDIAN COSTS
The applicant shall participate in the cost of a median
S for Saratoga-Sunnyvale Road based on the applicant's
proportionate share of the cost. The proportionate
share will be determined by the City based upon benefit
formulas used to calculate assessment districts.
20. CONSOLIDATE PARCELS
The applicant shall merge all existing parcels into a
single lot. Also, the applicant shall demonstrate to
the satisfaction of staff that the existing parcels are
legal lots of record legally created under the laws of
the affected local jurisdiction and the State of
California at the time of subdivision.
21. PROHIBITION OF NOISEMAKING DEVICES
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No public address or paging system, powered megaphone or
similar noisemaking device will be permitted outdoors at
any time.
22. APPROVED CONSTRUCTION
Since the approval is granted to construct a 4,930 sq.
ft. expansion to an existing 1,210 sq. ft. building for
a total building area of 6, 140 sq. ft. of retail
commercial space.
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Planning Commission Resolution No. 2615 (Continued) 6-U-85
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23. SIGNS
The signs are not approved at this time. The applicant
shall return to the Architectural and Site Approval
Committee to obtain approval of a sign program.
24. MECHANICAL EQUIPMENT
No roof mounted mechanical equipment shall project above
the building parapet.
25. LANDSCAPING
Final design of mounded landscaped areas shall be
subject to staff approval prior to issuance of a
building permit.
26. LANDSCAPING OF ADJACENT PROPERTIES
Prior to issuance of a building permit, the applicant
shall file a letter from the owners of the property to
the north (Yamagami Nursery) granting permission to
locate a 3+ ft. landscaped area as shown on Exhibit A
1st Revision on their property. In the event a 3 ft.
S landscaped area is eliminated, in the future, the
drive-up window facility shall also be eliminated.
PASSED AND ADOPTED this 25th day of March, 1985, 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, Mackenzie, Sorensen, Vice Chairman
Szabo
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Claudy
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ATTEST: APPROVED:
/c/James h. Sisk /c/Nicholas Szabo
James H. Sisk Nicholas Szabo, Vice Chairman
Planning Director Planning Commission
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