Reso 6225 M-2003-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6225
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO ALLOW CONSTRUCTION OF A
DETACHED 625 SQUARE FOOT COMMUNITY LOBBY, RELOCATION OF AN
EXISTING HANDICAP ACCESS RAMP AND ADD A 265 SQUARE FOOT
COMMUNITY ROOM ON THE SECOND STORY OF AN EXISTING COMMUNITY
BUILDING.
SECTION I: FINDINGS
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 Modification 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 and contained in the public hearing record concerning Application
No. M-2003-06 as set forth in the Minutes of the Planning Commission Meeting of
December 8, 2003, and are incorporated by reference though fully set forth herein.
Resolution No. 6225 M-2003-06 December 8, 2003
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( SECTION II: PROTECT DESCRIPTION
� Application No.: M-2003-07
Applicant: Grace Ho/Community Housing for the Disabled
Location: 10092 Bianchi Way
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set labeled A0.1, A2.1 and L1.0 dated 11/24/03, 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 Ynclude 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 DEPT.
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.
2. 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.
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.
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Resolution No. 6225 M-2003-06 December 8, 2003
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� 4. GRADING
Grading shall be as approved and required by the City Engineer in accordance
i with Chapter 16.08 of the Cupertino Municipal Code. Please contact Army Corp of
Engineers and/or Regional Water Quality Control Board as appropriate.
5. STREET IMPROVEMENTS:
The Traffic Division of the City of Cupertino Public Works Department shall
review on and off site improvements.
6. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
7. 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 under
grounding 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
$2,268.00 minimum
b. Grading Permit: $ 6% of Site Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: PAID
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: N/A
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved 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 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.
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Resolution No. 6225 M-2003-06 December 8, 2003
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� 8. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
� Resources Control Board, for construction activity, which disturbs soil. BMP shall
be included in your grading and street improvement plans.
Pre and post-development (BMPs) shall be included within every plan set to the
maximum practicality, which could include but not limited to grassy swales, sand
filters, detention basins, pavers, permeable pavement and additional landscaping.
9. SITE PLAN
The site plan shall include drainage on and off-site as well as any proposed
additional public works improvements to be constructed, which includes
sidewalk, curb and gutter, streetlight and walkways. All BMPs shall be identified
on the site plan.
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.
u. u �
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 8th day of December 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, Vice-Chair Saadati, Wong and Chairperson
Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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Resolution No. 6225 M-2003-06 December 8, 2003
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ATTEST: APPROVED:
'
Steve iasecki ngela C n, Chairperson
Director of Community Development Cupertino lanning Commission
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