Reso 2780 5-U-86
RESOLUTION NO. 2780
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A COMMERCIAL/01cEiCE CENTER UP TO 9300 SQUARE IctIET
IN GROSS FLOOR AREA.
APPLICANT: Albert & George Bateh
ADDRESS: 22690 Stevens Creek Boulevard
Cupertino, CA. 95014
SUBMITTED: February 4, 1986
LOCATION: Southwest corner of Stevens Creek and Foothill Boulevards
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 10, 1986.
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 D iIBi'1'S
That the recommendation of approval is based on Exhibits A,B, B-1
and B-2 of Application 5-U-86 except as may be amended by conditions
enumerated herein. Said Exhibits shall constitute the Definitive
Development Plan required under Planned Development zoning as
required in Section 4B of Ordinance 618.
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 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.
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RESOLUTION NO. 2780 (5-U-86) 03/10/86
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18) DEMOLITION REQUIREMENT
All existing structures on the site shall be removed prior to or
concurrently with construction of the approved project. The
applicant shall assume the responsibility to obtain all required
demolition permits in accordance with City ordinances.
19) USE LIMITATIONS
A) The subject use permit authorizes construction of a two story
commercial/office building containing not more than 9300 square
feet gross area distributed as follows:
USE FLOOR AREA %TOTAL
Commercial 65%
-Liquor/Deli 4350 s.f
-General Retail 1750 s.f.
Office 3190 s.f. 35%
TOTAL 9290 s.f. 100%
B) Hours of operation for the complex shall extend fruit 8:00 AM to
11:00 PM daily. Seating for the proposed Deli area shall not
exceed ten (10) , with a maximum of two (2) employees per shift.
C) Permitted nsPs may include all uses allowed without the securing
of a use permit in the City of Cupertino CG (General Commercial)
Zzoning district. All other uses requiring use permit review in a
CG zone (including fast-food restaurants) shall require use
permit review in the subject Planned Development Zone.
D) There shall be no gale of beer and wine for on-site consumption.
20) PARKING COMPLIANCE
The approved maximum gross floor area of 9,300 sq ft. referenced in
Condition 19 (A) above shall be reduced as ner ssary to comply with
on site parking requirements, or Exhibit A modified to provide at
least 41 off-street parting spares. The applicant shall assume
responsibility to verify with staff that the project complies with
minimum requirements of the parking ordinance prior to application
for a building permit.
21) NOISE CONTROL
No noise shall be generated within or outside of the building which
is audible beyond the property line. No public address system,
powered megaphone or similar noisemaking device will be permitted
outdoors at any time.
22) TRASH ENCLOSURE
The trash enclosure shall be relocated away from any property line
shared with existing residential uses.
RESOLUTION NO. 2780 (5-U-86) 03/10/86
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23) DRIVEWAY ACCESS
The one-way driveway on the Stevens Creek Boulevard frontage shall
be configured to preclude right turn egress movements. The applicant
shall also be responsible to install within the Stevens Creek
Boulevard right-of-way a two-way left turn lane extending the length
of the site's frontage on said roadway, or as otherwise directed by
the City EnginPPr.
24) SIGNS
Signing information indicated on the various approved exhibits
referenced in Condition 16 of this Resolution is not approved. The
applicant shall file an application with the Architectural and Site
Approval CcmunitteP for Planned Development sign program approval.
25) PARC'F:T, CONSOLIDATION
The applicant shall merge all existing parcels into a single lot.
26) ZONING APPROVAL
Approval of the subject Use Permit is contingent upon the
applicant's ability to obtain City Council approval to rezone that
.22 acre portion of the site now designated as R-1 to a P zone.
27) ARCHITECTURAL AND SITE REVIEW
Prior to application for building permits, the applicant shall
return to the Architectural and Site Approval Committee for informal
review of the comprehensive, detailed landscape planting plan. Said
planting plan shall include significant tree cover on the perimeter
of the site adjoining existing residential uses, and demonstrate
effective screening of the parking area frum adjoining public
roadways.
In ac1c3ition, the applicant shall present a materials and color
palette describing alternative architectural enhancements for the
north and Pagt elevations which break the long horizontal form of
the roof line on the second story.
28) FUTURE USE PERMIT REVIEW
The City Council or the Planning Commission may initiate review of
the subject Use Permit at a future time for purposes of mitigating
spillover truck parking impacts to the adjoining residential
neighborhood resulting from the expanded commercial services
authorized within the project. Possible remedies which could ensue
from such a rehearing are amendment of the Use Permit to eliminate
food service operations, curtailed business hours or assessment of
costs to the applicant for stepped-up enforcement services to
discourage parking on the neighborhood streets.
RESOLUTION NO. 2780 (5-U-86) 03/10/86
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29) REAR YARD AREA
The area behind the building is prohibited for any other use than as
an emergency access. The area shall be enclosed with cyclone fencing
to permit police surveilance.
PASSED AND AtcPrED this 10th day of March, 1986, 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, Sorensen, Mackenzie, Claudy
NAYS: COMMISSIONERS: Chr. Szabo
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
/Robert Cowan /s/ Nicholas Szabo
Robert Cagan Nicholas Szabo, Chairman
Planning Director Planning Commission