Reso 6158 M-2002-05
� CITY OF CUPERTINO
�
10300 Torre Avenue
i
Cupertino, California 95014
RESOLUTION NO. 6158
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
t RECOMMENDING APPROVAL OF A MODIFICATION OF A USE PERMIT TO ADD
� APPROXIMATELY 3,600 SQUARE FEET TO THE INTERIOR COURTYARD AND THE
� NORTH AND EAST SIDES OF AN EXISTING 16,400 SQUARE FOOT OFFICE
( BUILDING. INCLUDES PROPOSAL TO REMOVE THE SOUTH ENTRANCE OFF
RICHWOOD COURT AT 10062 MILLER AVENUE
� SECTION I: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit Modification, 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;
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 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 are contained in the public hearing record concerning Application .
No. M-2002-05, as set forth in the Minutes of the Planning Commission Meeting of
September 9, 2002, and are incorporated by reference as though fully set forth herein.
Model Resolution No.6158 M-2002-09 September 9, 2002
Page 2
SECTION II: PROTECT DESCRIPTION
� Application No(s): M-2002-05
Applicant: Steve Yang
' Location: 10062 Miller Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
I DEVELOPMENT DEPT.
�
1. APPROVED EXHIBITS
� The recommendation of approval is based on the exhibits labeled Office Building
Expansion, 10062 Miller Avenue, Cupertino, California 95014, consisting of eight
sheets dated 7/ 01 / 021abeled: A-1 - A-2 and A-2E -A-7, except as may be amended
� by the conditions contained in this resolution.
2. 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. You are hereby further 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. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
3. TREE REMOVAL:
No trees are approved for removal as part of this application. Any future tree
removal must obtain proper review and approval from the Planning Department.
4. LANDSCAPING:
A revised landscaping plan must be submitted and approved by the Design
Review Committee prior to issuance of any building permits. The landscaping
plan must indicate landscaping enhancements by deleting up to 15 parking stalls
and additional screen trees along the southerly property line.
5. TRASH ENCLOSURE:
The existing trash enclosure shall be deleted and a new enclosure shall be located
along the easterly property boundary (next to the existing trash enclose on the
adjacent property), further away from the existing residential homes west of the
Model Resolution No.6158 M-2002-09 September 9, 2002
Page 3
property. A trash enclosure plan must be submitted and approved by the Design
Review Committee prior to issuance of any building permits.
►
6. ARCHITECTURAL CHANGES:
� An Architectural and Site Approval or a Director's Minor Modification Approval
must be obtained for any future architectural changes or exterior changes beyond
the scope of this application.
( 7. ROOFTOP EQUIPMENT:
' All rooftop equipment shall be completely screened from street view by the
building parapet. The Director of Community Development may approve a higher
I building parapet to achieve this equipment screening.
8. ENCROACHMENT PERMIT:
� An encroachment permit will be required for all work within the City's ROW,
which includes removal of a driveway and the addition of curb and gutter. A cost
estimate must be provided for this work.
I 9. PAVERS:
The applicant/ owner shall install pavers (instead of AC pavement) over the two
new parking stalls along Richwood Court to increase permeability. Improvement
plans must be submitted to reflect this condition prior to the issuance of building
permits to the satisfaction of the Director of the Public Works Department.
� 10. AUTOMATIC SPRINKLERS:
The existing building fire sprinkler system shall be modified to accommodate the
new building design. A State of California licensed fire protection contractor shall
submit plans, calculations, a completed permit application and appropriate fees to
the Fire Department for review and approval prior to issuance of building permits.
11. FIRE DEPARTMENT KEY BOX:
The building shall be equipped with a permanently installed emergency access key
lock box (Knox), conforming to Fire Department Standard Detail and Specification
sheet K-1. At time of final inspection, access keys shall be provided to the fire
department.
PASSED AND ADOPTED this 9th day of September 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
Model Resolution No.6158 M-2002-09 September 9, 2002
Page 4
AYES: COMMISSIONERS: Auerbach, Chen, Saadati and Chairperson Corr
� NOES: COMMISSIONERS: Wong
ABSTAIN: COMMISSIONERS:
I
ABSEN : COMMISSIONERS:
ATTE : APPRO
'�_ _ �
� Steve Piasecki Ch es Corr,
, Chairperson
� Director of Community Development Planning Commission
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