Reso 6166 U-2002-09
EA-2002-22
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6166
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE DEMOLITION OF A SINGLE-FAMILY
RESIDENCE AND THE CONSTRUCTION OF 2,665 SQUARE FEET, TWO-STORY,
MIXED USE DEVELOPMENT CONSISTING OF A DENTAL OFFICE AND A ONE-
BEDROOM APARTMENT.
SECTION I: PROTECT DESCRIPTION
Application No.: U-2002-09, EA-2002-22
Applicant: Richard Pedley
Location: 21672 Granada Avenue
SECTION II: 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;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino 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, application no. U-2002-09 is hereby recommended for
approval; 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 U-2002-09, as set forth in the Minutes of the Planning Commission Meeting
of November 12, 2002, and are incorporated by reference herein.
Resolution No. 6166 U-2002-09 November 12, 2002
Page 2
------------------------------------------------------------------
-------------------------------------------------------------------
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets T, A-1 through A-3, L and 1 dated August 7, 2002, last
updated September 24, 2002, of the plan set entitled "Shim/Hoang" by Pedley Joy
Architecture, and as amended by this resolution.
2. INGRESS/EGRESS EASEMENT
The property owner shall record an deed restriction and covenant running with the
land, subject to approval of the City Attorney, for the parcel to the west. 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. PARKING MANAGEMENT PLAN
To accommodate parking for employees and users of the dental space, the dental
space shall be limited to a maximum of three employees and the number of patients
shall be limited to a maximum of two on-site at any given time. Furthermore, the
residential parking spaces shall be made available to the dental office for daytime
parking.
5. 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.
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.
G:\Planning\PDREPORT�RES\U-2002-09 res.doc
Resolution No. 6166 U-2002-09 November 12, 2002
Page 3
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 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. Street trees along
Stevens Creek Boulevard shall be of a type approved by the City in accordance with
the Heart of the City Specific Plan.
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 the City
Engineer deems storm drain facilities necessary. 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.
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.
G:�Planning�PDREPORT\RES\U-2002-09 res.doc
Resolution No. 6166 U-2002-09 November 12, 2002
Page 4
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: $ 5% of Off-Site Improvement Cost or
$2,300.00 minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $ 2,420/ acre
e. Power Cost: N/ A
f. Map Checking Fees: N/ A
g. Park Fees: N/ A
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 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 San Jose Water for water
service to the subject development. A plot and description of the lot is required tozvards
this dedication.
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. Erosion and or
sediment control plan shall be provided.
G:�Planning�PDREPORT�RES\U-2002-09 res.doc
Resolution No. 6166 U-2002-09 November 12, 2002
Page 5
19. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior
to obtaining a building permit.
20. DRIVEWAY EASEMENT
The developers of both 21672 Granada Avenue and 21684 Granada Avenue must
submit a signed agreement approved by the City, which sets aside a driveway
easement along their adjoining properties.
21. PRE AND POST DEVELOPMENT DRAINAGE CALCULATIONS
The developer shall submit Pre and Post Development storm drain calculations for
the proposed site. The amount of water contributed to the storm drain system shall
not exceed current allotment.
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.
�.�2.. � �-� �-�s
Ralph Qualls, Director of Public W rks
City Engineer CA License 22046
PASSED AND ADOI'TED this 12th day of November, 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Wong, Saadati, Chen, Auerbach and Chairperson
Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTE : A E .
�
G�:vy�✓l-- ' �C
Steve Piasecki Charles Corr, Chairperson
Director of Community Development Planning Commission
G:\Planning�PDREPORT�RES\U-2002-09 res.doc