U-1984-19b 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
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
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