Reso 6245 I
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U-2004-04
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CITY OF CUPERTINO
1 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6245
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
' RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING,
, VACANT RESTAURANT AND CONSTRUCT A 7,100 SQUARE FOOT, SINGLE-STORY
RETAIL BUILDING AND SITE IMPROVEMENTS LOCATED AT 20807 STEVENS CREEK
' BOULEVARD
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SECTION I: PROTECT DESCRIPTION
Application No(s): U-2004-04 (EA-2004-05)
Applicant: Kevin Jones (Good Earth Restaurant)
Location: 20807 Stevens Creek 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, �he 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
Resolution No. U-2004-04 May 10, 2004
Page 2
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-2004-04
(EA-2004-05), as set forth in the Minutes of the Planning Commission Meeting of May 10,
2004, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAICH WAY, CUPERTINO, CALIFORNIA" dated March 31, 2004
and consisting of six sheets labeled AO through A4 and one unlabeled sheet titled:
A.L.T.A. Survey for Stevens Creek Office Center, except as may be amended by the
conditions contained in this approval.
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. REVISED LANDSCAPE PLAN REQUIRED
The applicant shall provide a revised site and landscape plan, detailing the required front
setback and streetscape improvements needed to meet the intent of the Heart of the City
Specific Plan. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
4. REVISED ARCHITECTURAL PLANS REQUIRED
The applicant shall provide revised architectural drawings and a fa�ade design that is
consistent with the design review comments of the City Architect as stated in his letter of
Apri119, 2004. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
� Resolution No. U-2004-04 May 10, 2004
Page 3
� 5. STREET IMPROVEMENTS
The applicant shall develop street improvement plans that include street parking with no
� reduction in the number of through lanes. The Director of Community Development shall
work with the Director of Public Works to evaluate the safety of such an on-street parking
plan along this segment of Stevens Creek Boulevard. Such parking will not be required if
it cannot be demonstrated to be safe.
6. EVALUATION OF DRIVEWAY GATE STRUCTURE
' At the building permit stage, the applicant shall provide a structural evaluation of the
� driveway wooden entry gate to ensure its structural soundness and safety.
' 7. RECIPROCAL INGRESS/EGRESS EASEMENT
� The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements between adjacent properties to the south, north and west, to be implemented
at such time that the City can require the same of adjacent property owners, subject to
approval of the City Attorney. The easement shall be recorded prior to issuance of
building occupancy.
� 8. P OTENTIAL PARKING PROBLEMS
If project parking becomes a problem, the Planning Commission may re-open the use
� permit at a public hearing and require permit modifications to address parking problems.
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9. STORM FLOW PERCOLATION AND DETENTION
At the building permit stage, the applicant shall provide site design measures that
increase on-site percolation and detention of storm flows. Design measures shall be
reviewed and approved by the Director of Community Development.
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SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
� 10. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
i City Standards and specifications and as required by the City Engineer.
11. CURB AND GUTTER IMPROVEMENTS
i Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
i 12. 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.
Resolution No. U-2004-04 May 10, 2004
Page 4
� 13. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
14. TRAFFIC SIGNS
Traffic control signs shail be placed at locations specified by the City.
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
� Chapter 16.08 of the Cupertino Municipal Code. Please contact Army Corp of Engineers
and/ or Regional Water Quality Control Board as appropriate.
16. 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.
17. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
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' 18. 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.
19. IMPROVEMENT AGREEMENT
4 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
$2,268.00 minimum
� b. Grading Permit: $ 6% of Site Improvement Cost
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $ 894.37
e. Power Cost: �*
f. Map Checking Fees: N/ A
g. Park Fees: N/ A
h. Street Tree N/ A
Resolution No. U-2004-04 May 10, 2004
� Page 5
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** 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.
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-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.
20. 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.
21. 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.
� 22. 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.
23. TRAFFIC
The applicant shall submit a traffic control plan to the City to be approved to the
satisfaction of the Traffic Department. Clearance by the Public Works Department is
needed prior to obtaining a building permit
24. ENCROACHMENT PERMIT
The developer shall be required to obtain an encroachment permit for all work that is
performed in the City's right of way. Please contact Diane Arrants at (408) 777-3245 for
information regarding this permit.
Resolution No. U-2004-04 May 10, 2004
� Page 6
25. SHARED DRIVEWAY
The developers of both sites must submit a signed agreement approved by the City,
which sets aside a driveway easement along their adjoining properties.
26. 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.
� PASSED AND ADOPTED this 10� day of May 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller, Wong & Chair Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
i ABSENT: COMMISSIONERS:
� ATTEST• APPRO ' D:
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Steve Piasecki T ' aadati, Chairperson
Director of Community Development Cupertino Planning Commission
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