Reso 3037 APPLICATION 23-U-87
CITY OF CUPERTINO
10430 S. DE ANZA BOULEVARD
41, CUPERTINO, CALIFORNIA 95014
RESOLUTION NO. 3037
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A 3,700 SQ. FT. MIXED USE BUILDING.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
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 of the
City of Cupertino, and are 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
above 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 uses, nor injurious to
property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 23-U-87 as set forth in the Minutes of the Planning
Commission Meeting of May 26, 1987, and are incorporated by reference as
though fully set forth herein.
•
RESOLUTION NO. 3037 (23 iJ-87) 5/26/87
PAGE - 2 -
SECTION II: APPLICANT'S DESCRIPTION
Application No(s) 23-U-87 and 25-EA-87
Applicant: Buzz Bryan/Jeff Watkins
Property Owner: Norman Pestana
Location: Northeast corner of Pasadena and Granada
Avenues
Parcel Area (Acres) : .11 net
.24 gross
SECTION III: CONDITIONS TO BE ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer (per Monta Vista Design Guidelines) .
2. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards (per Monta Vista Design
Guidelines) as specified by the City Engineer.
• 3. STREET LIGHTING INSTALLATION
Street lighting (per Monta Vista Design Guidelines) 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.
4. FIRE HYDRANT
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.
6. STREET TREES
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the City (per Monta Vista Design Guidelines) .
•
RESOLUTION NO. 3037 (23-U-87) 5/26/87
PAGE - 3 -
• 7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125. Pad height shall be set at the minimum
height necessary consistent with City Standards.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in the R-1, R-2
and R-3 zones unless storm drain facilities are deemed necessary by
the City Engineer. Development in all other zoning districts shall be
served by on site storm drainage facilities connected to the City
storm drainage system. If City storm drains are not available,
drainage facilities shall be installed 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. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screened with fencing and landscaping
or located underground such that said equipment is not visible from
public street areas.
11. DEDICATION OF WATER LINES
The developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach an agreement
with San Jose Water Works for water service to the subject
development.
SECTION III: CONDITIONS A MINISTERED BY THE PLANNING DEPARTMENT
12. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit A of Application
23 iJ-87 except as maybe amended by the Conditions contained in this
Resolution.
RESOLUTION NO. 3037 (23-U-87) 5/26/87
PAGE - 4 -
• 13. USE LIMITATIONS -- (GENERAL COMMERCIAL)
Permitted uses for the non residential space 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 regaining Use
Permit review in the CG zone shall require Use Permit review.
14. CONSOLIDATE PARC'F'T S
The applicant shall consolidate all existing parcels into a single
lot.
15. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
16. LANDSCAPE AND COLOR REVIEW
On-site landscaping and building colors shall be subject to informal
ASAC review and approval prior to issuance of occupancy permits or
building final.
17. 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 owners) are obligated to participate in a similar
agreement. Said agreement shall provide access rights for all
property owners within the area bounded by Stevens Creek Boulevard,
Pasadena Avenue, Granada Avenue and Imperial Avenue.
411
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