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Reso 2821 APPLICATION 11-U-86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2821 OF THE PLANNING COMMISSION OF THE CITY OF CUPERT'INO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 2,400 SQ. FT. ADDn.ON TO AN EXISTING RETAIL BUILDING AND MODIFY A PREVIOUS APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATION SECTION I: 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(s) has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the addition is in conformance with the General Plan of the City of Cupertino. b) That the property involved is adequate in size and shape to accommodate the proposed add i tion. c) That the proposed addition will not generate a level of traffic aver and beyond that of the capacity of the existing street system. d) That the proposed addition is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of said proposed addition, 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 recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and BE IT FURTHER RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 11-7-86, as set forth in the Minutes of the Planning Commission Meeting of July 14, 1986, and are incorporated by reference as though fully set forth herein. Resolution No. 2821 July 14, 1986 Page - 2 - SECTION II. APPLICATION DESCRIPTION Application No(s) 11-J-86 Applicant: William Glass and Associates (Gemco) Property Owner: Sutro/GHL Realty* Funds Location: North side of Stevens Creek Boulevard, between Saich Way and Bandley Drive SECTION III: CONDITIONS Conditions administered by the Public Works Department 1) Street Trees The applicant shall replace any missing or dead trees in the public right-of-way. 2) Bus Turn-outs The property owner shall grant an irrevocable offer of dedication for a bus turn-out on Stevens Creek Boulevard as shown on Exhibit C 1st Revision and for a bus "layover stop/turn-out" to be located on the public street frontage on Saich Way or Alves Drive. The precise location of the bus layover turn-out shall be determined by the staff after reviewing the potential disturbance to adjacent residential areas. Installation of the bus turn-outs shall not be required at this time. 3) Bus Shelter - Stevens Creek Boulevard The applicant shall install a pad to accommodate a bus shelter at the bus stop located on the north side of Stevens Creek Boulevard, west of Bandley Avenue. The applicant shall not be responsible for installation or purchase of the shelter at this time. Conditions Administered by the Planning Department 4) Approved Exhibits The recommendation of approval is based on Exhibits A-1, B-1, 18-2, B-3 and C 1st Revision of Application 11-U-86 except as may be amended by special conditions enumerated herein. Resolution No. 2821 July 14, 1986 Page - 3 - 5) Modification of Application HC-51,148.3 The approval for Application HC-51,148.3 is hereby modified as described in the letter fLum Mr. Scott Hetz dated April 3, 1986 and per Exhibits A-1, B-1, B-2, B-3 and C 1st Revision of the subject use permit (i1-U-86) . All conditions of approval described in the City Council Action Letter dated April 5, 1983, are hereby retained except as modified by conditions contained herein. 6) Loudspeakers External loudspeakers and public address systems shall not be permitted at the subject property. Internal systems shall not be audible beyond the property line. 7) Roof Equipment The applicant shall implement one of the following options for screening roof equipment subject to staff approval prior to final building occupancy: Option 1 Raise the perimeter parapet wall around all sides of the building. Option 2 Raise the front canopy element with the goal of shielding the roof equipment as viewed from the center line of Stevens Creek Boulevard. Replace existing roof equipment screens with metal lowered screens painted to match the building color. 8) Public Improvement Deferral Covenant The applicant shall record a covenant which describes the City's public improvement deferral policy and informs future property owners of said policy's applicability to the subject property. The covenant shall include information on the existing building area and the square footage of the proposed addition relative to the existing building square footage. 9) 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 Resolution No. 2821 July 14, 1986 Page - 4 - approval is withheld, the applicant may appeal to the Planning rnmmi ssion. 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 may 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 fruit the date of approval when the Change has been approved by the Planning Cc ranission. 10) Trees The applicant shall attempt to retain all existing trees located in the parking lot subject to review by the staff at the building permit level. Staff shall have the ability to approve removal of any tree type not consistent with the concept in the approved landscape plan or trees which are dead, diseased or of marginal size. Staff may require that trees removed are replaced with a 24 inch box or greater size tree of a variety which is consistent with the landscape plan. 11) Landscape Area Enlargement The landscape area on Stevens Creek Boulevard adjacent to the bus turn-out shall be widened approximately 10 ft. to maintain a depth of approximately 15 ft. after the planned bus turn-out is installed. The widened landscape area coign and landscape materials shall be reviewed and approved by the staff at the building permit level and shall be installed in conjunction with the other landscaping improvements prior to final occupancy of the building. 12) Trash Enclosures Three trash enclosures and a 70' x 30' service yard shall be installed per the approved exhibits and "analysis of service yard storage". Resolution No. 2821 July 14, 1986 Page - 5 - PASSED AND ADOY1r:L) this 14th day of July, 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, Claudy, MacKenzie, and Chairman Szabo NAYS: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Sorensen ATTEST: APPROVED: /s/ Robert S. Cowan /s/ Nicholas Szabo Robert S. Cowan Nicholas Szabo, Chairman Planning Director Planning Commission PESOl1U86(B-4)