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Reso 6279 U-2004-01 � CITY OF CUPERTINO ' 10300 Torre Avenue Cupertino, Calif ornia 95014 RESOLUTION NO. 6279 � OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING, VACANT RESTAURANT AND CONSTRUCT A TWO-STORY, MIXED USE PROJECT CONSISTING OF 2,000 SQUARE FEET OF COMMERCIAL SPACE, 29 RESIDENTIAL UNITS AND SITE IMPROVEMENTS LOCATED AT 20128 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No(s): U-2004-01 (EA-2004-02) ' Applicant: Greg Pinn (Pinn Brothers Construction Inc.) Location: 20128 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, 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; j 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. 6279 U-2004-01 October 26, 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-2004-01 (EA-2004-02), as set forth in the Minutes of the Planning Commission Meeting of October 26, 2004, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled: "ADOBE TERRACE, A MIXED USE DEVELOPMENT, 20128 Stevens Creek Blvd., Cupertino, CA. 95072" dated 9/17/04 and consisting of eighteen sheets labeled A-0.0 through A5.0, A5.1, A6.0, C1 through C6, L-P1 through L-P4, except as may be amended by the conditions contained in this approval. On sheet L-P4, entry arbor "A" is approved. 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. HEART OF THE CITY LANDSCAPE IMPROVEMENTS The applicant shall amend building plans to provide Heart of the City landscape improvements that include: a) a sidewalk width of six feet, b) appropriate sidewalk transitions to adjacent properties to the satisfaction of the Director of Public Works. In general, such sidewalk transitions should be poured as separate pieces of concrete, so they may be more easily modified when abutting properties redevelop with Heart of the City landscape improvements. c) Flowering Pears in the frontage landscape strip shall be 36" box size trees. 4. BICYCLE PARKING The applicant shall install bicycle-parking facilities in accordance with the City's parking ordinance. Resolution No. 6279 U-2004-01 October 26, 2004 Page 3 5. DEMOLITION REQUIREMENT All existing structures on the site shall be removed prior to concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in accordance with City Ordinances. 6. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 29 residential units from the Heart of the City and/ or Undesignated residential development pools of the Residential Development Priorities Table of the Cupertino General Plan. 7. PEDESTRIAN INGRESS/EGRESS EASEMENT The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney and providing for the benefit of the abutting residential property to the rear of the subject parcel, an easement for pedestrian ingress and egress from the benefitting parcel to Stevens Creek Boulevard. � 8. CUPERTINO SANITARY DISTRICT APPROVAL The project may significantly affect surrounding sanitary sewer facilities. The applicant shall participate in a flow study if necessary to determine the impact of the proposed project on the existing sanitary sewer system and make off-site improvements if I necessary. 9. BELOW MARKET RATE UNITS The applicant shall comply with the requirements of the Housing Mitigation Manual. � 10. DESIGN REVISIONS The applicant shall revise the plans to: 1) provide additional building detailing on the east ► elevation of the building, 2) modify the underground garage to provide adequate backup space for the end parking stalls, 3) evaluate the possibility of moving one or more of the grade-level handicapped parking stalls to the underground parking garage, and 4) evaluate the possibility of providing an interior stairway from the garage to the ground � level near the front of the project. � SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 11. STREET WIDENING � Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 12. 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. Resolution No. 6279 U-2004-01 October 26, 2004 Page 4 13. 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. 14. 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. 15. 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. 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 I facilities need to be constructed or renovated. 17. 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. Ordinance No. 331 requires all overhead lines to be � underground whether the lines are new or existin�. 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. � REEMENT � 18. IMPROVEMENT AG The project developer shall enter into a development agreement with the City of M 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. 4 Fees: a. PW Checking and Inspection Fee: 6% of On & Off-site Improvements for Commercial Units 5% of On & Off-site Improvements for Residential Units Resolution No. 6279 U-2004-01 October 26, 2004 Page 5 b. Grading Permit Fee: 6% of On & Off-Site Improvements for Commercial Units 5% of On & Off-site Improvements for Residential Units c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $ 3,462.00 e. Map Checking Fees: N/ A f. Park Fees: $ 243,000.00 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. 19. 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. 20. 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. * Identify all Pre-and Post development BMPs that will be installed on-site. '�Include erosion control plans with next submittal, which shall include a 50' rocked construction entrance and straw rolls. 21. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. 22. 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. 6279 U-2004-01 October 26, 2004 Page 6 I 23. TRAFFIC The Traffic Department must approve all improvement plans prior to issuance of a ' building permit. CTI'Y ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) f I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices �t,,�. u. u � Ralph Qualls, Director of Public Wo s City Engineer CA License 22046 PASSED AND ADOI'TED this 26� day of October 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, Vice-Chair Wong & Chairperson Saadati NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: I ATTEST: APPROV D:,, � � I �,,� � ���� � � . j' ' :,,; � , ; �.,. � Steve Piasecki Ta � aadati, Chairperson Director of Community Development C pertino Planning Commission � G:\Planning\PDREPORT\RES\U-2004-01 res.doc I � i