U-1988-16bCit4 of Cupertino
10300 Torre Avenue
Cupertino. California 95014
Telephone: (408) 252.4505
DEPARTMENT Of THE CITY CLERK
September 9, 1988
Richard Stowers
Stowers Assoc./Arch., 1=.
1978 —A Alameda
San Jose, CA 95126
CITY OQUACII. ACTICti - APPLICA=CN 16-U-88
P.O. Boa 580
Cupertino, California 95015
Mris will confirm the action by the City Cot=, l at their meeting of
September 19, 1988 at which your Application 16-U-88 was approved.per the
following conditions:
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
MMkIli. ;Nil Zia a llillVVaI M 11Y 1f*w9,YI���.
cubs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
EMinser.
Street lighting shall be installed and shall be as approved by the
city Engineer. Lighting filcuxt s shall be positioned so as to
preclude glare and other for 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.
Fire hydrants ehall be located as required by the City.
22WE. in
Traffic control signs shall be placed at locations specified by the
city.
Street trees shall be planked within the Public Riot of Way and shall
be of a type approved by the city in accordance with ordinance 125.
�
Grading shall be as approved and required by the City Engineer in
accordance with ordinance 125.
Drainage shall be provided to the satisfaction of the city zx1ineer.
surface flow across public sidewalks may be allowed in the RA, 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 drairage system. If City storm drains are not available,
drainage facilities shall be installed to the satisfaction of the City
Engineer.
nie developer shall comply with the requirements rranents of the Underground
Utilities Ordinance No. 331 and other related OrdinarKMO and
regulations of the City of Cupertino, and shall coordinate with
affected utility providers for installation of underground utility
devices. ne developer shall submit detailed plans showing utility
undergrcund provisions. said plans stall be subject to prior approval
of the affected Utility provider and the City Engineer.
The project developer shall enter into a development agreement with
the city of c upertino providing far• 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 ornstrvcticn permits.
E ONFPO.-xr �Jy
Pedestrian easements over the sidewalk area shall be prepared by the
developer, approved by the City Attorney and recorded against the
subject property prior to issuance of building permits.
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The recommendation of approval is based on Waibits A, A-1, A-2, A-3,
B, B-1, B-2, B-3, B-4, C, except as may be amended by the Conditions
contained in this Resolution.
Electrical transformers, telephone vaults and simihrr above ground
equipinent enclosures shall be screened with fanning and landscaping
or located Underground such that said equipment is not visible from
public street areas.
!! �7 •�:.M !. • : Qii!�aSIR ! a"NCO);; 15-5a : "
In the event that the applicant or subsequent property cr.7*r shall
desire to ma)os any minor changes, alterations or ameitoent of the
approved development Plan, a written request or revised development
plan shall be submitted to the Director of Plarming and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appeararne orfturcticn of the
project, said changes may be certified on the revised plan. If
approval ooeaid changes is withheld, the applicant may appeal to the
Plarming
If the Director finds that the requested urges are material, each
changes shall be referred to the Planning Ociml ion for approval. If
the charges are denied by the Planning Oo®isaion, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said dames are approved by the Plashing Commission, an appeal may
be mods to the City Cotmcil by any interested party. Further, arty
Member of the City Council may request a hearing before the City
Cou nail regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planting Oommisaion.
Approval is granted to construct a 5450 square foot, one story
commercial building.
Permitted uses may include all uses allowed without the securing of a
Use Permit in the City of Cupertino CG (General Ccnmercial) zoning
district. All other uses requiring Use Permit review, in the CG zone
shall require Use Permit review in the subject Plamied Davelcpmennt
Zone.
16. SIGN PIX)G tAM
Signs depicted on the approved Exhibits are not approved under this
application. Applicant shall submit an applicaticn to the
Architectural and Site Approval Committee for approval of a
myhensive sign program for the center.
The average depth of the landscape setback along the Dek= Boulevard
f=nta9e shall not be less than 30 ft. The Commission finds that the
extensive roadway dedication required for the McClellan Road
realigm ent oonstitutes an unusual site problem which warrants the
waiving of the south D MI= Boulevard Cm=eptual Plan requirement for
a 35 ft. wide setback depth.
- � U, !L•
The following modifications shall be made to the landscaping plan:
1. The Gaijera Pazviflora (Australian willow) along Moclellan Road
shall be replaced by a tree species with a high canopy. Tlne
intent is to ernsurs that the trees will not obstruct traffic
visibility.
V 2. A low mound shall be placed on the Dak= Boulevard frontage.
19. RMEL Sly
The applicant shall install concrete wheel stops in all parking
spaces. The wheel stop stall be installed 1 ft. 6 in. fig the frost
of a regular sized parking space and 1 ft. frtm the front of a compact
ping
20. EPIVEWAY M3DIFICATICNS
r&A driveway shall be a maximum of 44 ft. in width. The applicant
shall install a median approximately 4 ft. in width in the driveway to
channelize driveway traffic. M-a median shall be approximately 8 ft.
in length. The driveways shall be clearly marked with arrows to
delineate traffic direction. the final design of the median shall be
approved by the Planning Department prior to issuance of building
permits -
EMYla.•i1y V a•��itila�j
All mechanical equipment shall be screened from public view.
lie applicant shall record a covenant obligating existing and future
property owners to participate in reciprocal parking and access
easement with the adjoining property owrxers. Said easements shall be
implemented at mxt a time as the adjoining property owners are.
obligated to participate in a similar agreement. Zhe covenant shall
be � � �f and recorded by the applicant prior to issuance
of
the expiraticn date of the use permit is September 19, 1990 (Section 6.4
of Ordinance No. 652 as revised by Ordinance No. 1136).
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w4 w a�-
cc: Department of Plannirg and Development
Ddward S. J. Cali
P. O. Boat 1410
Cupertino, CA 95015
Bill MCBee
Cupertino Sanitary District
20065 Stevens Creek Boulevard
Cupertino, CA 95014
16-U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOUMCN No. 4084
OF THE PIANNING O214ISSICN OF THE CITY OF CUMUM
REO"ENDING APPROVAL OF A 5,450 SQ. FT. RETAIL CC!*Mbc. SJIIDIM
SECTION 1: 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 C= nissicn 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 improve -ants in the neighborhood.
NOW, 77 , 8E IT RESOLVED:
That after careful consideration of maps, facts, exhibits, taatimaty and
other evidence submitted in this matter, the application for Use Permit is
hereby reocmmeaided for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subcc nclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 16-U-88 as set forth in the Minutes of the Planning
Co mnission Meeting of July 25, 1988, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4084 (16-U-88) 07/25/88
Page -2-
'ga-MCN II • PRW'ECP CESCRr ctf
Application No(s) 16-U!88 and 26-FA-88
Applicant: Stirs Associates
Property Owner: Edward S.J. Cali. Trustee
Location: Northwest corner of Stevens Creek Blvd. and
McClellan Road
Street widening, iMrovements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
Garbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
1m"el IMILeilLe.tyYL ._4 •
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 innterfer•enoe to adjoining
properties, and shall be no higher than the —xi-nn height permitted
by the zone in which the site is located.
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.
yy;95h 6 i'I l ti
Street trw shall be planted within the Public Right of Way and shall
be of a type approved by the City in accordance with Ordinance 125.
�.
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
Resolution No. 4084 (16-U-88) 07/25/88
Page -3-
MAngsar
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 tones Unless storm drain facilities are deemed necessary by
the City Ehginear. Developnent in all other zoning districts shall be
served by o•n site storm drainage facilities omuwctsd 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.
The developer shall conply with the requirements of the Underground
Utilities Ordinance No. 331 and other related Ordinanoes and
regulations of the City of Cupertino, and shall coordinate with
affected utility providers for installation of undergrand utility
devices. Tire developer shall suhnit detailed plans showing utility
w4ergro nod provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
The project developer shall eater into a development agreemetrt with
the City of Cupertino providing for payment of fees, including but not
limited to chec)cing and inspection fees, storm drain fees, park
dedication fees and fees for rndergroundirg of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Pedestrian easements over the sidewalk area shall be prepared by the
developer, approved by the City Attorney and recorded against the
subject property prior to issuance of building permits.
a Q•6 Us VV(tzSJFJk
The recommendation of approval is based on E dLibits A, A-1, A-2, A-3,
B, B-1, B-2, B-3, B-4, C, except as may be amended by the Conditions
contained in this Resolution.
Electrical transformers, telephone vaults and similar above ground
equipment enclosures shall be screened with fencing and landscaping
or located urriergrcund such that said equipment is not visible from
public street areas.
Resolution No. 4084 (16-U-88) 07/25/88
Page -4-
In tha 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 developaerrt
plan shall be mt-itted to the Director of PlartrUng and Development,
If the Director makes a finding that the changes are minor and do riot
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 ccordasion.
If the Director finds that the requested changes are material, such
changes shall be referred to the Plamdxq Conn sicn for approval. If
the ctwges are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ou:dfnarKm No. 652.
If said changes are approved by the Planning Ocmaission, an appeal may
be made to the City Council by any irrterested party. Further, any
Member of the City Council may request a hearing before the city
Council regmrd n said approved changes. Said.xequest shall be mac
within ten (10) days from the date of approval of said des by the
Planning Commission.
Approval is granted to omistsuct a 5450 square foot, one story
oarmercial building.
Permitted uses msy include all uses allowed without the semaring of a
Use Permit in the City of Cupertino CO, (General Ccaanercial) zoning
district. All other uses requiring Use Permit review in the cG zone
shall require Use Permit review in the subject Planned Develcpnent
Zone.
16. SIGN FfiOGRAM
Sigma depicted on the approved Ddnibits are not approved under this
application. Applicant shall sutmit an application to the
Architectural and Site Approval Ocnmittee for approval of a
arc ive sign progrma for the center.
•��—rLq KK W-JA iJ!*-,)I L
the structure shall be moved 2 ft. to the north to a cure adequate
vehicular site visibility.
The average depth of the landscape setback along the DeAnza Bmaevard
frontage shall not be less than 30 ft. 4he Oommissicn finds that the
extensive roadway dedication required fox the McClellan Road
realignment constitutes an unusual site problem which warrants the
waiving of the south DeAnza Boulevard Cornoeptual Plan regxtrement for
a 35 ft. wide setback depth.
Resolution No. 4084 (16-U-88) 07/25/88
Page -5-
The following modifications shall be made to the landscaping plan;
1. The Geijera Parviflora (Australian willow) along Mcclellan Road
shall be replaced by a tree species with a high canopy. The
intent is to ensure that the trees will not obstruct traffic
visibility.
2. TWo additional trees shall be installed along the southeastern
frontage of the site.
3. Shrubs shall be installed along the edge of the landscape area
south of the parking lot to provide additional understory
interest and to screen the parked cars. The remainder of the
southerly landscape area shall be planted in lawn. Shrubs within
the site triangle shall be the low growing variety.
The applicant shall submit a final landscaping plan which reflects the
aforementioned modifications to staff prior to issuance of occupancy
permits.
20. WHEEL STUPS
The applicant shall install concrete wheel stops in all parking
spaces. The wheel stop shall be installed 1 ft. 6 in. from the front
of a regular sized parking space and 1 ft. frrm the front of a compact
parking space.
21. ERIVM-Y MODIFICATIONS
The driveway shall be a maxintm of 44 ft. in width. The applicant
shall install a median approximately 4 ft. in width in the driveway to
channelize driveway traffic. The median shall be approximately 8 ft.
in length. The driveways shall be clearly marked with arrows to
delineate traffic direction. The final design of the median shall be
approved by the Planning Department prior to issuance of building
permits.
All mechanical equipment shall be screened from public view.
•yaw i�yv� �•,yl • r.•�aa�rra
The applicant shall record a oonvenant obligating existing and future
property owners to participate in reciprocal parking and access
easement with the adjoining property owners. Said easements shall be
implemented at such a time as the adjoining property owners are
obligated to participate in a similar agreement. The covermlt shall
be approved by staff and recorded by the applicant prior to issuance
of building permits.
Resolution No. 4084 (16-U-88) 07/25/88
Page -6-
PASSED AND ADOPTED this 25th day of July, 1988 at a Regular Meeting of the
Planning Commission of the City of Ojpertino by the following roll call
vote:
AYES: CcMMISSICHMIS:
NAYS: COMMISSICVERS:
ABSTAIN: COM4IISSICNERS:
ABSENT: CM2IISSICNERS:
/s/ Robert Cowan
Robert Cowan
Director of Planning
RS016U88(P9)
/s/ Lauralee Sorensen
Iauralee Sorensen, Q:airwcman
Qq=tino Planning ccmi sJon
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