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U-1985-06b • • 6-U-85 RESOLUTION NO. 2613 • OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO 0 RECOMMENDING APPROVAL TO CONSTRUCT A SINGLE-STORY, • 4, 930 SG!. 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 11, 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. • 16. APPROVED EXHIBITS That the recommendation of approval is based on Exhibits A, B 1st Revision, C, C-1 and Informational of Application 6-U-85 except as may be amended by special conditions enumerated herein. The drive-up window and driveway providing access thereto shall be eliminated with said driveway area being converted to landscaping 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 -1- • Planning Commission Resolution No. 2613 (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 enter into a reciprocal access easements • with the adjoining property owner (s) . • 19. PARTICIPATION IN MEDIAN COSTS The applicant shall participate in the cost of a median 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 NOISEMAk=ING DEVICES No public address ❑r 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. • • 410 • • t • Planning Commission Resolution Noo 2613 (Continued) 6-U-95 • 41' PASSED AND ADOPTED this 11th day of March, 1995, 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, Szabo, Chairperson Claudy NAYS: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: • /s/ James 'H. Sisk /s/ John Claudy James H. Sisk John Claudy, Chairperson Planning Director Planning Commission • -3- 6-U-85 40 RESOLUTION NO. 2614 (Minute Order) • OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO STATING THE PLANNING COMMISSION'S POSITION REGARDING ELIMINATION OF THE DRIVE-UP WINDOW FACILITY FOR PHOTO DRIVE-UP. • Upon review of the proposed 4. 930 sq. ft. addition to the existing Photo Drive-Up facility, the Commission has determined that the drive-up window and access driveway thereto is inconsistent with the South Saratoga-Sunnyvale Road Conceptual Zoning Plan for the following reasons: The Conceptual Zoning Plan requires an average 35 ft. landscape area along Saratoga-Sunnyvale Road and 25 ft.. landscape area along secondary streets including Wildflower Way. The retention of the drive-through lane, in its present location, interrupts the above landscaped areas and allows only 10 ft. of landscaping on Wildflower Way and roughly 12 to 15 ft. on Saratoga-Sunnyvale Road. Additionally, the Commission finds the drive-through facility to be inconsistent with the "Drive-Through Criteria" adopted by the City Council in April 1984. Said proposal is inconsistent with Aml the following criteria: Visibility of drive-through lanes from public street areas shall be minimized by locating stacking lanes behind buildings, or extensive landscaped areas. Drive-through lanes shall not be located in required perimeter landscape setback areas adjacent to public streets. A minimum landscaped area of 30 ft. measured from face of curb of the public street to the outside edge of the drive-through lane shall be maintained. Also, as a part of testimony from adjacent property owners, considerable concern was expressed relative to utilization of adjacent residential streets by commuters and as "back door" access to the commercial land use adjacent to Saratoga-Sunnyvale Road. Consistent with the goal to protect residential neighborhoods, the Commission suggests that the City Council hold hearings regarding possible closure of Wildflower Way. -1-' , a • 6-U-85 Planning Commission Resolution No. 2614 (Minute Order) 411 • PASSED AND ADOPTED this 11th 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, Szabo, Chairperson Claudy NAYS: None ABSTAIN: None ABSENT: None • ATTEST: APPROVED: /s/ James H. Sisk /s/ John Claudy James H. Sisk John Claudy, Chairperson Planning Director Planning Commission • • -2- • 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 -1- 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 • 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. 411 -2- • Planning Commission Resolution No. 2615 (Continued) 6-U-85 0 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 • ATTEST: APPROVED: /c/James h. Sisk /c/Nicholas Szabo James H. Sisk Nicholas Szabo, Vice Chairman Planning Director Planning Commission • -3 P SOLUTION NO. 2748 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO O M PECOr ENDING DENIAL OF A MINOR AMENDMENT TO USE PERMIT 6 U-85 ENTAILING A REQUEST TO INTERPRET THE STANDARD CONDITIONS OF APPROVAL THEREOF AS ALLOWING RETENrION OF AN EXISTING SUBSTANDARD ASPHALT DRIVEWAY APPROACH ON SARATOGA SUNNYVALE ROAD. Application No(s) . 6-U-85: Interpretation of Minor Amendment Applicant: Gregg Bunker Property Owner Gregg Bunker Location: Northwest corner of S. Saratoga Sunnyvale Road and Wildflower Way Parcel Area (Acres) : 0.7 klNDINGS AND SUBCONCLIJSIONS: The recommendation of denial for the subject minor amendment is based on the findings and subconclusions as set forth in the minutes of the ' . planning Commission meeting of December 11,, 1985, with the following additonal finding: 1) Standard Conditions 1-15 of Approval empower staff to require street improvements consistent with normal development standards. aPASSED AND ADOF'uu this llth day of December, 1985, at a regular meeting ot the Planning Commission of the City of Cupertino, State of California, by the following roll-call vote: AYES: MEMBERS: Mackenzie, Sorensen, Vice-Chairman Szabo NAYS: MEMBERS: None ABSTAIN: MIIIBERS: None ABSENT: MEMBERS: Adams, Chairman Claudy ATTEST: APPROVED: /s/ Robert Cowan /s/ Nicholas Szabo tobert Cowan Nicholas Szabo, Vice-Chairman Planning Director Planning Commission - 2 - I'