Reso 6196 U-2003-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6196
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 6 CONDOMINIUM
UNITS AND ADD 1,825 SQUARE FEET TO AN EXISTING RETAIL BUILDING.
SECTION I: PROTECT DESCRIPTION
Application No(s): U-2003-03 (EA-2003-06)
Applicant: Tom Sloan (Wolf Camera)
Location: 1375 South De Anza Boulevard
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; 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 and Exception are 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(s). U-2003-03
(EA-2003-06), as set forth in the Minutes of the Planning Commission Meeting of July 14,
2003, and are incorporated by reference as though fully set forth herein.
Resolution No. 6196 U-2003-03 July 14, 2003
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled Mixed Use Project,
1375 S. De Anza Blvd. dated May 21, 2003 including sheets AO - A9, C-1, L1 - L2 and the
parking lot plan submitted at the Planning Commission meeting on July 14, 2003, 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. FENCING PLAN:
The approved project does not include any perimeter fences. If new fencing is
proposed, the applicant shall submit a fence plan to the Design Review Committee for
review and approval prior to issuance of building permits. In order to replace the
perimeter fences, proof of consent or authorization from the adjoining neighbors must
be submitted to the City prior to approval.
4. LANDSCAPING PLAN:
A revised landscaping plan shall be submitted to the Design Review Committee and the
City's Arborist Consultant for review and approval. The project shall comply with any
recommendations and conditions specified by the City's Arborist Consultant with.
5. SIDEWALK PLAN:
The final sidewalk plan shall be reviewed and approved by the Public Works
Department and the City's Arborist Consultant prior to issuance of building permits.
6. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's):
A copy of the CC& R's for the project shall be reviewed and approved by the City
Attorney prior to approval of the final map. A legal description of the side/rear yard
easements proposed between homes must also be submitted to the City Attorney's
Office for review and approval prior to the final map approval.
Resolution No. 6196 U-2003-03 July 14, 2003
Page 3
7. PARKING GARAGE:
According to the parking analysis prepared by Fehr and Peers, the first three stalls on
the south side of the property (closest to Wildflower Way) at both ends of the parking
area shall be d�signated for residential parking only. The rest of the stalls shall be left
open to provide parking to the residential and retail vehicles. Any automobile
maintenance, repair, and washing activities (or similar activities) shall not be permitted
in the parking garage and along Wildflower Way.
8. ARCHITECTURAL CHANGES:
The applicant must revised the architectural plans to reflect the following changes:
a. A trellis/arbor element with vines shall be proposed along the north elevation
of the commercial building to relieve the plain wall along the 11-foot driveway.
The design and the material of the trellis/arbor shall be reviewed and approved
by the Design Review Committee prior to issuance of building permits.
b. The blank wall area above the storefront at the northeast corner of the
commercial building shall be enhance either by a shaped element or a sun
canopy. Matching shaped element or sun canopy shall also be introduced on
the south building elevation. The final enhancement solution shall be reviewed
and approved by the Design Review Committee prior to issuance of building
permits.
c. The stoop heights shall be reduced to no higher than three and half feet above
the adjacent sidewalk grade.
The revised plans shall be reviewed and approved by the Design Review Committee
prior to the issuance of the Final Map.
9. SIGNAGE:
No signs are approved as part of this application. A master sign program consistent
with the City's Sign Ordinance shall be submitted to the Planning Department for
review and approval prior to issuance of building permits. The large non-conforming
freestanding sign at the corner of S. De Anza Blvd. and Wildflower Way shall be either
be removed or be revised to be consistent with the City's Sign Ordinance.
10. CONSTRUCTION MANAGEMENT PLAN:
A Construction Management Plan shall be submitted to the Community Development
Department for review and approval prior to issuance of the building permits. The plan
shall provide provisions for the following:
a. Construction Vehicle Routing Plan: The construction vehicle routing plan shall
indicate that no construction vehicles shall access the project site by driving
, through the adjacent commercial properties via the driveway off of De Anza Blvd.
or by cutting through adjacent residential neighborhoods (Wildflower Way and
Resolution No. 6196 U-2003-03 July 14, 2003
Page 4
Poppy Way). All construction vehicles shall use the Wildflower Way driveway to
access the project site.
b. Construction Equipment Staging Plan: The construction equipment-staging plan
shall clearly indicate where the equipments will be staged during construction to
the satisfaction of the Community Development Department. Construction
loading/unloading area shall occur on the driveway area between the existing
Wolf Camera building and the proposed condominium building. Any
landscaping and trees removed to create the staging area, shall be replaced by
field grown trees (in number and in kind with the species removed).
c. Dust Control: The project shall 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 or sediment control plan shall be provided.
Identify all Pre-and Post development BMPs that will be installed on-site.
d. Patron Parking: Alternative parking plan indicating alternative off-site parking
locations for Wolf Camera employees and construction workers during project
construction shall be submitted to the Planning Department for review and
approval prior to issuance of building permits. Interim Wolf Camera customer
parking shall be along Wildflower Way during the project construction. The
parking improvements on the adjacent property shall be completed prior to
construction of the proposed project.
11. ROOFTOP MECHANICAL EQUIPMENTS:
All roof top mechanical equipments shall be completely screened from public views.
12. INDEMNITY AGREEMENT:
The applicant shall submit an agreement to the satisfaction of the City Attorney
indemnifying the City from any legal actions associated with the interests of the
adjoining property owner (Yamagami Trust) relating to parking and circulation on the
subject property. The agreement shall be reviewed and approved by the City Attorney
prior to issuance of building permits.
13. INCIDENTAL PARKING:
The applicant shall provide at least 20 additional stalls on the adjacent commercial
property (to help offset the incidental parking stalls being displaced as part of this
project) prior to issuance of building permits. The final parking plan shall closely
approximate the conceptual parking plan submitted by the Metro Design Group dated
July 14, 2003 and shall be submitted to the Planning Department for review and
approval prior to issuance of building permits.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING:
, Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
Resolution No. 6196 U-2003-03 July 14, 2003
Page 5
2. CURB GUTTER AND SIDEWALK IMPROVEMENTS:
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer. The sidewalk on S. De Anza
Blvd. shall be relocated as illustrated on the site plan (Sheet A-1).
3. 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.
4. FIRE HYDRANT:
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS:
Traffic control signs shall be placed at locations specified by the City.
6. 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.
7. GRADING:
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality
Control Board as appropriate.
8. DRAINAGE:
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities need to
be constructed or renovated.
9. FIRE PROTECTION:
Fire sprinklers shall be installed in any new construction to the approval of the City.
10. 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.
Resolution No. 6196 U-2003-03 July 14, 2003
Page 6
11. 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 Site Improvement Cost or$2,300.00 minimum
b.Grading Permit: $6% of On and Off-Site Improvement Costs
c.Development Maintenance Deposit: $1,000.00
d.Storm Drainage Fee: Paid
e.Power Cost: **
f.Map Checking Fees: N/A
g.Park Fees: $54,000.00
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.
**Developer is required to pay for one-year power cost for streetlights.
12. 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.
13. 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. Identify all Pre-and Post development BMPs that will be
installed on-site.
14. WORK SCHEDULE:
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements.
15. 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.
Resolution No. 6196 U-2003-03 July 14, 2003
Page 7
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.�Ca?,�
Ralph Qualls, Director of Public s
City Engineer CA License 22046
PASSED AND ADOPTED this 14th day of July, 2003, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Miller, Wong, Vice-Chair Saadati and Chairperson Chen
NOES: COMMISSIONERS: Corr
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST• APPROVED:
�
Steve Piasecki Angela C n, Chairperson
Director of Community Development Cupertino Planning Commission
G:\Planning\PDREPORT\RES\U-2003-03res.doc
t