U-1987-48b10300 Torre Arenue
Cupertino, Cililornla 95014
Tel,phone (408) 252-4505
OFFICE OF THE CITY MANAGER
January 7, 1988
West Valley Shopping Center
2277 Alum Rock Avenue
San Jose, CA 95116
CTTY COUNCIL ACTION - APPLICATIONS 8-Z-87 AND 48-U-87 - WEST VALLEY
SHOPPING CENTER
This will confirm the action by the City Council at their meeting of
January 7, 1988 at which your Application 8-Z-87 was approved per Planning
Comunission Resolution No. 4017. First reading of Ordinance No. 1434
rezoning the property was conducted. Second reading and enactment are
scheduled for the meeting of January 19, 1988. The ordinance becomes
effective 30 days after enactment.
Your application 48-U-87 was approved per Planning Commission Resolution
No. 4016. The use permit expires January 4, 1990 (Section 6.4 of
Ordinance No. 652 as revised by Ordinance No. 1136).
Sincerely,
DORTHY CORNELIUS, C4C
CITY CLERK
oc: Department of Planning and Development
Department of Public Works
George Meu Associates, Architects
555 Howard Street
San Francisco, CA 94105
� C I T Y O F CUPERTINO 48-U-87
10430 S. DE ANZA BM EVARD,
CUPERrD)O, CAI1FORNIA 95014
RESOLUTION NO. 4016
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
R!XXZ0 FMn)G APPROVAL OF A USE PERMIT TO OONS RUCT AND
OPERATE A 37,000 SQ. FT. EXPANSION OF AN EXISTING
SECTION I. FZfIDINGS
WHEREAS, the Planning Cmmnission 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; anu
WHEREAS, the Planning O=issicn 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
acoc madate 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 reccmfferrled for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the suboonclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 48-U-87 as set forth in the Minutes of the Planning
Commission Meeting of December 14, 1987, and are incorporated by reference
as though fully set forth herein.
Rk5SO ION NO. 4016 (48-U-87) 12/14/87
PAGE - 2
Application No(s) 8-Z-87,
Applicant: West Valley Shonpira Center
Property owner: Joseph Franoo
Iocation: Southwest gad=, Hanestgad Road and De Anza
Boulevard
ayY •. •nil• y� •: ; •;,��:• �IYa: • ��ii�iJ_—i��i�..•�i �- •�?!•:.i��viaf!
street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications as required by the
City Engineer. Said requirement may extend to provision of a second
left turn lane westbound at the Hamestead/De Anza intersection.
1•: �• r /YYa�: luls:,•1/auia�
Curbs and gutters, sidewalks and related structures shall be
installed in accordance with grades and standards as specified by
the City Engineer.
r 61 M !! —I •�F.yN Y •.
Street lighting 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 HYIfliANr
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.
,a �
Street trees shall be planted within the Public Right of Way and
shall be of a type approved by the City in accordance with Ordinance
125.
a••••
Grading shall. be as approved and required by the City Engineer in
accordance with Ordinance 125.
I
RESOLLUTION NO. 4016 (48-U-87) 12/14/87
PAGE -3-
8. DPARNAGE
Drainage shall be provided 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. DEVELAPMENT AGREE[4QlT
The project developer shall enter into a development agreement with
the City of Cupertino providing for payment of fees, including but
not limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction
permits.
SECTION TV.: CONDITIONS ALTO MSTERED BY THE PLANNING DEPAMMEgT
11. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A 1st Revision,
B, B-1, B-2, B-3, B-4 and C of Application 48-U-87, except as may be
amended by the conditions contained in this Resolution.
12. PER4I TED USES
Permitted uses include all uses allowed withou the securing of a use
permit in the city CG (General Crnmercial) zoning district. All
uses requiring a use permit in the 03 zone, including those
activities which encompass outdoor display or sale of merchandise,
shall be subject to a separate Use Permit approval.
The proposed future kiosk structure is not approved.
13. FAR TRANSFER
Prior to issuance of building permits, the developer shall record
transfer of Floor Area ratio credit from the "Carl's Jr." parcel to
the retail parcel adjoining on the south, Such that the overall
Commercial FAR of .25 is maintained. Approximately 2,960 sq. ft. of
floor area credit is to be transferred; the precise calculations and
method of transfer shall be om pleted in accordance with the
procedures specified in the City's FAR Transfer Manual.
14. DEFINITIVE DEVELOPMENT PIAN
The approved Exhibits referenced in Condition 11 above shall
constitute the Definitive Development Plan for the site's Planned
Development zoning, as required under Section 4(B) of Ordinance 618.
RESOIl1PION M. 4016 (48-U-87) 12/14/87
PAGE - 4 -
15. PAR
A minimnnn of 367 spaces shall be provided on the retail site and
Carl's Jr. restaurant site combined. Parking for retail uses shall
be provided at 1 space for 200 sq. ft. of gross floor area; food
service shall maintain parking at 1 space for each four seats plus
one additional space for each employee.
Exhibit A Let Revision shall be revised at the building permit stage
to reflect substitution of standard size for oompact size stalls in
a portion of the parking lot west of Buildings A and B. Compact size
stalls may be distributed to other portions of the site, subject to
staff approval.
16. TRAMC IMPACT MITIGATION
The developer shall assume responsibility to implement the traffic
mitigation recommendations appearing on Page 16 of the
Barton-AscYmian study for the Hoaw_stead Square Expansion of October,
1987.
Prior to application for construction permits, the developer shall
prepare an alternative street improvement plan for the site's
Homestead Road frontage to include protected turning movement
devices and other suitable controls as directed by the City
Engineer. The City Cocuncil shall determine if the developer shall
be obligated to provide traffic signalization at Franco
Ct./Hc estead Road, or to provide said street improvements as an
alternative.
17. NOISE IMPACT MITIGATION
Prior to issuance of building permits, the developer shall provide
written certification from the project acoustical consultant
verifying that said enclosure mitigates sound impacts in accordance
with City Noise Ordinance standards. The rooftop mechanical well
for Building A shall be increased in height on its southerly sloped
element to afford additional noise and visual protection for the
residential area to the south.
As part of the Precise Development Plan required under Section 4(C)
of Ordinance 618, the developer shall formal ASAC approval of a
comprehensive landscaping and site lighting plan. Said landscaping
plan shall reflect compliance with ASAC direction given at its
meeting of October 12, 1987, and shall also include possible
entwcemment of the southerly landscape perimeter to provide
additional screening of the truck loading area for Building A.
ASAC shall review the type of light fixture proposed in each
location, with particular regard for the area south of Buildings A
and B. Fixtures placed in this area shall be adjustable to ensure
adequate protection of residences from intrusive effects of glare.
RESO=ON NO. 4016 (48-U-87) 12/14/87
PAGE -5-
19. SIGN PROGRAM
Sign information indicated on the approved Exhibits in Ckmdition 11
above shall be subject to separate review and approval by the
Architectural and Site Approval Committee.
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 an the
revised plan. If approval of said changes is withheld, the
applicant may appeal to the Planning Commission.
If the Director finis 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 Commiissien, the applicant
may appeal to the City Council as provided in City ordinance No.
652.
If said changes are approved by the Planning Camnissicn, 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 Ooimnission.
21.
The rear exit corridor from the REI building, as shown on Exhibit
A -1st Revision, be enclosed at the developer's discretion. Said
area, if enclosed, shall not be included for purposes of determining
compliance with FAR requirements or minimum on -site parking.
PASSED AND ADOPIW this 14th day of December, 1987 at a Regular Meeting of
the Planning Cammi_ssion of the City of Cupertino, State of California, by
the following roll ca"l vote:
AYES: CCMM S.SICNEtS: Adams, Claudy, Sorensen, Szabo, and
Chairman MacKenzie
NOES: CtM11WIONERS: None
ABSTAIN: CCMMIS.SIGNEFtS: None
ABSENT: CCHMIWICNERS: Nome
ATIM: APPFDVED:
/s/ Robert Cowan /s/ Donald Mackenzie
Rcabert S. Cowan Donald Mackenzie, Chairman
Director of Planning Cupertino Planning Commission
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