Reso 2960 28-U-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 2960
OF THE PLANNING COMMISSION OF THE CITY OF CUPER TINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW
EXPANSION OF A COMMERCIAL SHOPPING CENTER PARKING NG AREA
SECi'jON 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 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 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 aver 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 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 and contained in the Public Hearing record
concerning Application 28-U-86 as set forth in the Minutes of the Planning
Ccmmmission Meeting of September 22, 1986, and are incorporated by
reference as though fully set forth herein.
RESOLUTION No. 2960 (28-U-86) 09/22/86
Page - 2 -
SEL' ION II: DESCRIrl'ION
Applicant: Edwin J. Myers Associates
Property Owner: Allan G. Byer
Location: South side of Stevens Creek Boulevard,
1,400 ft. west of De Anza Boulevard
opposite fLvm Saich Way
SEcr1ON III: COND.'1'IONS AEMINISTERED BY THE PUBLIC WORKS DEPART
1. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance No. 214(a) .
2. LINKAGE OF PARKING AREAS
The applicant shall supply appropriate grading and construction
details at the building permit level for a two way connecting aisle to
be installed between the existing parking area to the west and the
subject site.
SECTION IV: CONDITIONS AEMINISTERED BY THE PLANNING DEPARTMENT
3. APPROVED EXHIBim
The motion of approval is based on Exhibit A 1st Rev. of
Application 28-U-86 except as may be amended by special conditions
enumerated herein.
4. LANDSCAPING
Detailed landscaping plans, related to arrangement and selection of
plant materials and initial size thereof, shall be approved informally
by the Architectural and Site Approval Committee prior to issuance of
a grading permit.
5. TREE PRESERVATION
Prior to issuance of a grading permit the applicant shall install
protective fencing around each specimen tree on the subject site, as
described in the consulting arborist's report dated September 12,
1986. Further, the property owner shall implement those actions
described in said report concerning pruning, irrigation and feeding to
ensure the long term survival of said specimens.
Additional measures to ensure long term survival of said specimens may
be required prior to issuance of a grading permit, including but not
limited to deletion of parking spaces beneath the tree canopy,
elimination of vehicle movements within the dripline perimeter and use
of specialized pavement textures.
RESOLUTION No. 2960 (28-U-86) 09/22/86
Page - 3 -
6. 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 withheld, 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.
7. RECIPROCAL ACCESS & PARKING EASEMENTS
The applicant shall demonstrate that there are existing reciprocal
ingress/egress and shared parking easements recorded against the
subject property for any driveways shared with the adjacent property
owners. If such easements do not exist, the applicant shall record
deed restriction and covenant running with the land (subject to
approval of the City Attorney) for all parcels which share a common
driveway, parking aisleway or other vehicle annchqs corridor with other
adjacent properties. Said deed restriction shall provide for the
na-Pssary reciprocal ingress/egress easements to and from the affected
parcels.
If the affected parcels are under the same ownership, said reciprocal
acrPG-c agreements shall be prepared by the property owner, approved by
the City Attorney and placed in escrow to be recorded at no cost to
the City at such time as one or more of the affected parcels is
conveyed, sold or transferred in fee.
8. APPROVED USES
Approval is granted hereby to construct a commercial parking lot the
use of which shall benefit the surrounding Crossroads Shopping Center.
No off site building area credits shall be established against the
subject lot area or parking spat c provided unless the lot lines
separating the subject parcel from the surrounding Crossroads Shopping
Center are eliminated, and the subject parcel is consolidated with the
lot encompassing the crossroads site.
RESOLUTION No. 2960 (28-U-86) 09/22/86
Page - 4 -
9. APPROVAL OF FINAL PLAN
A final construction layout plan and arborist's report for the parking
area shall be submitted for ultimate review and acceptance by the
Planning Commission prior to issuance of construction permits. The
intent of said review is to ensure to the satisfaction of said
Commission that the specimen trees on the site are protected.
PASSED AND ADOPTED this 22nd day of September, 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: Mackenzie, Claudy, Adams, Sorensen, Chr. Szabo
NAYS: CSSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
/s/ Robert Cowan /s/ Nicholas Szabo
Robert Cowan Nicholas Szabo, Chairman
Planning Director Planning Cnmmi scion