U-1989-03b;q1
3-U 89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4148
OF E PLANNMG COMMISSIONOF OF .E-Ts•
CCM14ERCIAL BUILDING 1_ , .`. PLANNED DEVELOPMENT
ZONING '
SECTION I: FINDINGS
WHEMAS., the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
the applicants) has met the burden of proof required to support
said application; and
WBEREAS, 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 .detr mental. to existing
uses or to uses specifically permitted in the zone in inch
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 beyond that of the capacity of the existingstreet
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 use,
nor injurious to property and improvements in the
neighborhood.
NOWT 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 are contained in the Public Hearing record
concerning Application 3U-89 as set forth in the Minutes of the -Planning
Commission Meeting of April 10, 1989, and are incorporated by reference as
though fully set forth herein.
1
RESOLUTION NO. 4148 (3U-89) 04-10-89
PAGE -2-
SECTION. II: PROJECT DESCRIPTION
Application No:
Applicant:
Property Owner:
Location:
Parcel Area:
3 U-89 , 3-EA 89
Imwalle Stegner
20,100 sgo ft. Acres: .46
SECTION III: CONDITIONS ADIV=S'1 RED BY THE PUBLIC WORKS DEPARTNE;NI'
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City- Engineer. Said improvements shall include a transit turn -out
area on the site's Homestead Road frontage.
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STREET LIGHTING INSTALLATION
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.
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.
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
RESOLUTION NO. 4148 (3 U-89)
PAGE -3-
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across property lines is prohibited.
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.
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.
If the City Engineer requires the property owner to provide public
sidewalks on private property, 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.
SECTION IV*. CONDITIONS AD=STERED BY THE PLANNING DEPARTMENT
The recommendation of approval is based on Exhibits AS-1, AS-2® AS-3,
LS-1 and Grading Plan (all dated 3-24-89) of Application 3:U-89 except
as may be amended by the conditions contained in this Resolution.
13. PERMITTED USES
Permitted uses include all uses allowed without the securing of a use
permit in the City CG (General commercial) zoning district. All uses
requiring a use permit in the CG zone, including those activities
which encompass outdoor display'or sale of merchandise, food service
or convenience grocery store shall be 'subject to a separate use permit
approval.
0
B
RESOLUTION NO. 4148 (3 U-89) 04-10-89
PAGE:-4-
14 o DEFINITIVE DEVELOPMENT PLAT
The approved Exhibits referenced in Condition 12 above shall
constitute the Definitive Development Plan for the site's Planned
Development zoning, as required under Section 4(B) of Ordinance No.
618.
The applicant shall record a covenant agreeing to enter into
ingress/egress easements with the adjoining property owner at such
time as the City can require the same of said adjoining owner.
At such time as said reciprocal access can be implemented, the
Comumity Development Director shall reserve the optionto.initiate a
public hearing to consider closure of the sites curb cut on the
Blaney Avenue frontage.
16 o PRECISE DEVELOP= PLAN REVIEW
As part of the Precise Development Plan required under Section 4(C) of
Ordinance No. 618, the developer shall obtain formal ASAc approval of
a comprehensive landscaping and site lighting plan, definitive
building elevations and materials/color palette, in accordance with
the following direction:
A) Provide drought resistant plantings as directed by ASAC.
B) Replace Boston Ivy with clingingEvergreen vines
C) Provide shrubbery in place of ivy adjoining spandrel glass on
south elevations
D) Provide shrubbery on west side of trash enclosure.
E) Eliminate easterlymost tree on Homestead frontage- eliminate
northerly tree adjoining Blaney Avenue driveway.
ASAC shall review the type of light fixture proposed in each location,
with particular regard for the west elevation of the building.
Fixtures placed in this area shall be adjustable to ensure adequate
protection of residences from intrusive effects of glare.
Lighting in the parking lot shall be of a white tint, rather than
orange or yellow.
A minimum of 25 spaces shall be provided on the retail site. Parking
for retail uses shall be provided at l space for 200 sq. ft. of gross
floor area; food service shall maintain parking at l space for each
four seats plus one additional space for each employee, and may
require a greater minimum number of spaces for the overall site than
stated above.
RESOLUTION NO. 4148 (3 U-89) 04-10-89
PAGE -5-
M -* ref1:ii-*ewul1�
Sign information indicated on the approved Exhibits in Condition 12
above shall be subject to separate review and approval by the
Architectural and Site Approval Committee.
19. MODIFICATION OF APPROVED DEVELOP' PIAN
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 Community 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 on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
If the Director finds 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 Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, 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 Commission.
20. ARCHITECTURAL MODIFICATION
The raised pediment on the south elevation shall be reviewed by the
MAC, in order to consider the addition of architectural enhancements
thereto.
PASSED AND ADOPTED this loth day of April, 1989,, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COYMSSIONERS: Claudy, Sorensen, Szabo and Chairman Adams
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mackenzie
ATTEST:
Robert S. Cowan
Director of Community Development
EWRE3U89(C2 RESOS)
Victor Adams, Chairman
Cupertino Planning Commission
CITY OF EI RTI ,
RECOMRIENDATION OF ENVIMNMENTAL REVIEW`!. I A
February 1989
As provided in the Environmental Assessment Procedure adopted by the City
,;._. Council of the City of Cupertino on May 27, 1983, as amended, the
following described project was reviewed by the Environmental Review
Committee of the City of Cupertino on February 9, 1989 at which time the
Committee found that the project will not have a significant impact on the
envvirormmento Therefore, it is recommended to the decisionmaking body that
a Negative Declaration be filed.
APPLICATION NO(S)o 3 U 89 and 3 EA 89
APPLICANT.,Imwalle Stegner
PROPERTY OWNER., R. Mooney
LOCATION., Southeast corner of Blaney Avenue and Homestead Road
PARCEL AREA*. 20,100 sqo ft. ACRES: .46
DISCRETIONARY ACTION REQUEST
Use Permit to construct and operate a 5a000 sq. ft. multi -tenant retail
building.
The Environmental Review Committee recommends the granting of a Negative
Declaration since the project is consistent with the General Plan and has
no significant enviroxmental impacts.
W"J-' S ('��
Robert Cowan
Director of Planning and Development
REC3U89 (Cl MISC)
NEGATIVE =U:RATION
April
As provided by the Environmental Assent Procedure adopt by the City
Council of the City of Cupextim on May 27, 1973, and aniended on Arch 4,
1974, Jamey 17, 1977, May 1, 1978, and July 7, 1980, the follow
descries project was granted a Negative Declaration by the City Council
of the City of Cppeztino on April 17, 1989.
Application 3-EA 89
Scutheast comer of Blaney Avenue and. Homestead
Road
20,100 scro ft. ACRES: o46
DI'IONFRY ACTION REOS'I'
Use Permit to construct and operate a 5,000 sqo ft. m 1ti-tenant retail
building.
FINDINGS OF . DE CISIONNAIGTG BODY
Me City Council granted a Native Declaration since the project is
consistent with the General. Plan and has no significant environmental
o
S
Robert
Direr of Ccownity Development
CERTIFICATE OF THE CIS CLERK
This is to certify that the move Negative Declaration filed in the
Office o the City Clerk of the City of Cupertino on �, 19890
Ci ' Clerk
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TABLE OF CONTENTS
AS-0A MASTER SITE PLAN'
AS-1A SITE, PLAN
AS!wlA FLOOR PLAN
ASmI ELEVATIONS
CS-1 A GRADING PLAN
LS-1 A LANDSCAPE PLAN
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MASTER SITE PLAN
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NUMBER OF STORIES
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LANDSCAPING AREA
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