Reso 6137 M-2002-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6137
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING MODIFICATION TO AN APPROVED USE PERMIT TO REMODEL AN
EXISTING SHOPPING CENTER AT 19940-19990 HOMESTEAD ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II. of this Resolution; and
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;
i 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.
3) Development allocation in accordance with the 1993 General Plan is appropriate for this
center remodel including a building addition, and site and landscape improvements.
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 approved, 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 M-2002-04 are
set forth in the Minutes of the Planning Commission Meeting of May 28, 2002, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6137 M-2002-04 May 28, 2002
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SECTION II: PROTECT DESCRIPTION
Application No.: M-2002-04
Applicant: Wayne Gong
Property Owner: Wayne Gong
Location: 19940-19990 Homestead Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A-1.2a/ A-1.2.b (Site Plan), A-3.1
(Exterior Elevations), L-1.1 (Landscape Plan) drawn by Wayne Gong, except as
amended by these conditions of approval.
� 2. LANDSCAPING
Larger trees shall be planted on the Homestead Road and Blaney Avenue curbside
planting areas to provide screening for the roof elements, subject to staff approval.
� 3. GARBAGE ENCLOSURES
� The color of the garbage enclosure gates and the vinyl slats on the gates behind Building A shall
� match the building color.
� 4. ROOF MOUNTED EQUIPMENT SCREEN
I No roof mounted mechanical equipments shall be visible from public views.
5. CONSTRUCTION PROGPAM
Given the proximity to the daycare center, the applicant shall work with staff and the
adjoining daycare operator to develop a construction program to address safety, noise
and air pollution.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
7. 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.
8. 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
Resolution No. 6137 M-2002-04 May 28, 2002
Pa�e 3
to adjoining properties, and shall be no higher than the maximum height permitted by
the zone in which the site is located.
� 9. FIRE HYDRANT
� Fire hydrants shall be located as required by the City.
10. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
� 11. STREET TREES
► 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 No. 125.
� 12. GRADING
� Grading shall be as approved and required by the City Engineer in accordance with
�
Chapter 16.08 of the Cupertino Municipal Code.
13. 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. No increase of storm run-off is allowed.
�
I 14. 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. Relocate Utility Pole behind sidewalk at
northeast corner of the property.
15. 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: $6% of Off-Site Improvement Cost or
$1,975.00 minimum
b. Grading Permit: $6 % of Site Improvement Cost
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $1,453.00
Resolution No. 6137 M-2002-04 May 28, 2002
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e. Power Cost: $75.00 per street light
f. Map Checking Fees: $N/ A
g. Park Fees: $N/ A
�
Bonds:
� a. Faithfull 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 schedule adopted by
► the 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.
�
� 16. 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.
�
17. DEDICATION OF WATERLINES
� The developer shall dedicate to the City all waterlines and appurtenances installed to
� City Standards and shall reach an agreement with California Water Company for water
� service to the subject development.
� 18. BEST MANAGEMENT PRACTICES
( 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 your grading and street improvement plans.
19. RECYCLING PROGRAM
The applicant shall develop an onsite recycling program, which shall be approved by
the Public Works Department.
PASSED AND ADOPTED this day of 28� day of May 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: Wong, Saadati, Chen, Auerbach and Chairman Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Resolution No. 6137 M-2002-04 May 28, 2002
Pa�e 5
ATTES : APPROV � �,
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Stev Piasecki Charles Corr, Chairman
Director of Community Development Cupertino Planning Commission
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