Reso 2982 38-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
• RESOLUTION No. 2982
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECONMENDING APPROVAL OF A USE PERMIT TO EXPAND RETAIL USES
TO THE PHASE II PORTION OF A PREVIOUSLY APPROVED CONMERCIAL COMPLEX
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.
e) That the site is allocated additional building intensity credit for
redevlopment activity as provided in Land Use Element Policy 6.A.7.
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 38 U-86 as set forth in the Minutes of the Planning
Commission Meeting of January 12, 1987, and are incorporated by reference
as though fully set forth herein.
•
RESOLUTION No. 2982 (38 U-86) 01/12/87
Page - 2 -
• SECTION II: PROJECT DESCRIPTION
Application No(s) 38U-86 and 42-EA-86
Applicant: Deke Hunter
Property Owner: Same
Location: Southwest corner of De Anza Boulevard and
McClellan Road
Parcel Area (Ac) : 1.20 gross
USE PERMIT To expand commercial uses at an existing commercial
center.
SECTION III: CONDITIONS TO BE ADMINISTERED BY THE PLANNING DEPARTMENT
1) APPROVED EXHIBITS
The recommendation of approval is based on Exhibit A 1st Revision of
Application 38U-86, except as may be amended by the Conditions
contained in this Resolution.
2) USE LIMITATIONS
The subject use permit authorizes office and retail activities as
those terms are defined in Condition 17(a) of zoning action 8-Z-85.
Specific building and site are limitations are described below:
• A) PHASE I:
Existing Parcel Area: 34,194 s.f.
Proposed Parcel Area: 33,194 s.f. (Following lot line adjustment)
Total Bldg Area: 8,617 s.f.
B) PHASE II:
Existing Parcel Area: 18,077 s.f.
Proposed Parcel Area: 19,077 s.f. (Following lot line adjustment)
Total Bldg Area: 4,730 s.f.
Total Land Area: 52,271 s.f.
Total Building Area: 13,347 s.f.
RESOLUTION No. 2982 (38-U-86) 01/12/87
Page - 3 -
le 2) Cont'd.
C) The subject use permit does not authorize food service activity
within any portion of Phase II, and does not authorize additional
food service tenancy within Phase I beyond those use permits for
food service already approved as of the date of this Resolution.
3) LOT LINE ADJUSTMENT
Prior to initiation of commercial or retail use of any portion of the
Phase II site, the developer/owner shall adjust the lot line between
Phase I and Phase II to transfer not less than 1000 sq. ft. of net lot
area encompassing three (3) parking spaces with associated aisleway to
Phase I. Said adjustment maybe accomplished through recordation of
the final map for Subdivision 11IM-86, or subsequent to recordation
through the Lot Line Adjustment procedure.
4) PARKING REQUIREMENT
Parking for each Phase of the complex shall be provided at a ratio of
1 space for each 200 sq. ft. of gross floor area. Parking for food
service tenants within Phase I shall be provided in accordance with
the conditions attached to the respective Use Permits for each such
tenant. The minimum number of spaces provided within Phase II shall
be 23.
110, 5) PREVIOUS CONDITIONS OF APPROVAL
All conditions imposed upon the subject development through previous
Use Permit, zoning, subdivision and architectural/site review actions
shall remain in full force and effect. In instances where said
previous conditions conflict with the terms of this Resolution, the
conditions stated herein shall prevail.
PASSED AND ADOvilli this 12th day of January, 1987, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll-call vote:
AYES: COMMISSIONERS: Claudy, Adams, Sorensen, Mackenzie, Chr. Szabo
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
(‘OU
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission
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