Reso 6126 11-U-01
16-EA-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6126
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING
RESIDENCE AND CONSTRUCT AN 7,912 SQUARE FOOT MIXED USE BUILDING WITH
4,483 SQUARE FEET OF OFFICE/RETAIL SPACES AND 3,429 SQUARE FEET OF
RESIDENTIAL SPACE (2 UNITS)
SECTION I: PROTECT DESCRIPTION
Application No.: 11-U-01,16-EA-01
Applicant: Bill Marci
Location: 10056 Orange Avenue
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II. of this Resolution; aild
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
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 and Negative Declaration are hereby
recommended for approval, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof; and
Resolution No. 6126 11-U-01 February 11, 2002
Page-2-
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. 11-U-01
and 16-EA-01 as set forth in the Minutes of the Planning Commission Meeting of February 11,
2002, and are incorporated by reference though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 1-5 of the Plan Set dated January 28, 2001 and the Material
Board dated 12-26-01 except as may be amended by the conditions contained in this
resolution.
2. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running with
the land, subject to approval of the City Attorney, for the parcel to the north. Said
deed restriction shall provide for necessary reciprocal ingress and egress easements to
and from the subject property and the property to the west. The easement shall be
recorded prior to issuance of building permits.
3. SHARED ACCESS DRIVEWAY
The proposed shared access driveway shall be fully installed and constructed to the
satisfaction of the Public Works Department prior to the issuance of final occupancy.
4. COMMERCIAL USE
The applicant shall record an appropriate deed restriction and covenant running with
the land, subject to approval of the City Attorney, for the project parcel. Said deed
restriction shall restrict the 1,970 square foot ground floor space to only commercial
uses. The deed restriction and covenant shall be recorded prior to issuance of building
permits.
5. LANDSCAPING PLANTERS
A one-foot wide landscape planter box shall be installed along the right side of the
building (except ingress/egress locations). A revised landscaping plan shall be
submitted to the Planning Department for review and approval prior to the issuance of
building permits.
6. TREE PROTECTION
The existing oak tree shown on sheet 1, shall be protected. A bond for $10,000 for
protection of the Coast Live Oak shall be provided prior to issuance of a building
permit, and shall be released prior to final occupancy upon a written statement by the
arborist that the health of the tree was not adversely affected during construction.
Resolution No. 6126 11-U-O 1 February 11, 2002
Page-3-
7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of
� the amount of such fees, and a description of the dedications, reservations, and other
exactions. The applicant is hereby notified that the 90-day approval period in which
you may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. Failure to file a protest within this 90-
day period complying with all of the requirements of Section 66020, will be legally barr
a later challenging such exactions.
8. BELOW MARKET RATE PROGRAM
The applicant shall comply with the requirements of the Housing Mitigation Manual.
9. FRONT ENTRY ELEMENT
Prior to issuance of Building Permits, the applicant shall revise the front elevation of the
proposed building by enhancing the articulation of the ground floor elements to the
satisfaction of the Director of Community Development.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
11. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
12. 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.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
14. TRAFFIC SIGNALS
Traffic control signs shall be placed at locations specified by the City.
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code.
Resolution No. 6126 11-U-01 February 11, 2002
Page-4-
16 DRAINAGE
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 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
drainage system. If City storm drains are not available, drainage facilities shall be
installed to the satisfaction of the City Engineer.
17. 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.
18. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction on Lot A to the approval of the
City. The driveway to Lot A shall be marked Fire Lane on the final map.
19. IMPROVEMENT AGREEMENT
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.
Fees:
a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or
$2,268.00 minimum
b. Grading Permit: $ 5% of Site Improvement Cost
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $521.00
d. Power Cost: **
e. Map Checking Fees: N/ A
f. Park Fees: $8,100.00
h. Street Tree By Developer
**Based on the latest effective PG&E rate schedule by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee adopted by the
Resolution No. 6126 11-U-01 February 11, 2002
Page-S-
City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change
or changes,
the fees changed at that time will reflect the then current fee schedule.
` 20. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall be screened with fencing and landscaping or located underground
such that said equipment is not visible from public street areas.
21. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to
City
Standards and shall reach an agreement with San Jose Water for water service to the
subject
development.
22. BEST MANAGEMENT PRACTICIES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control
Board, for construction activity which disturbs soil. BMP plans shall be included in
the grading and street improvement plans. Erosion and �r sediment control plan shall
be provided.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/ SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of this
Resolution conform to generally accepted engineering practices.
C_,� c�. u, u S
Ralph Qualls, City Engineer
Resolution No. 6126 11-U-01 February 1 l, 2002
Page-6-
PASSED AND ADOPTED this 11th day of February, 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
� AYES: COMMISSIONERS: Saadati, Patnoe, Chen, Auerbach and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
�-''�--�v� (/_ -� � �-t��� G2�S ',"
Steve Piasecki Charles Corr, Chairman
Director of Community Development Planning Commission
G: \ Planning\ PDREPORT\ res\ 11-U-01 res.doc