Reso 6309 U-2005-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6309
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING
RESIDENCE AND CONSTRUCT AN 5,355 SQUARE FOOT MIXED USE BUILDING WITH
1,865 SQUARE FEET OF OFFICE/RETAIL SPACES AND 3,490 SQUARE FEET OF
RESIDENTIAL SPACE (1 UNIT)
SECTION I: PROTECT DESCRIPTION
Application No.: U-2005-08
Applicant: Diana Hu
Location: 10026 Orange Avenue
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 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 and contained in the public hearing record concerning Application No. U-2005-08
as set forth in the Minutes of the Planning Commission Meeting of July 26, 2005, and are
incorporated by reference though fully set forth herein.
Resolution No. 6309 U-2005-08 July 26, 2005
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets T1, A1-A8 & S1 of the Plan Set dated Apri127, 2005 and the
Material Board dated July 26, 2005 except as may be amended by the conditions
contained in this resolution.
2. INGRESS/EGRESS EASEMENT
The applicant shall obtain a reciprocal ingress/egress agreement from the adjacent
neighbors (10038 Orange Avenue, 10056 Orange Avenue and 21760 Stevens Creek
Boulevard). The agreement shall be submitted to the City for review and approval prior
to recordation of the final map. In addition, the agreement must be recorded on the
property as a covenant prior to issuance of building permits.
3. TRASH ENCLOSURE SHARED ACCESS EASEMENT
The applicant shall obtain a trash enclosure shared access agreement from the adjacent
neighbor (10038 Orange Avenue). The agreement shall be submitted to the City for
review and approval prior to recordation of the final map. In addition, the agreement
must be recorded on the property as a covenant prior to issuance of building permits.
4. 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.
5. NEIGHBORHOOD COMMERCIAL USE
The applicant shall record a covenant running with the land, subject to approval of the
City Attorney, for the project parcel. Said covenant shall restrict the use of the ground
floor retail space, as indicated on the plans dated April 27, 2005, to only neighborhood
commercial uses. The covenant shall be recorded prior to issuance of building permits.
6. SIGN PROGRAM
A sign program is required for this project. The applicant is required to submit for a sign
program approval at a later date. The sign program and the proposed signs must be
consistent with the architectural style with the buildings, be compatible with the
neighborhood and be consistent with the Monta Vista Design Guidelines.
7. LANDSCAPING PLAN
Applicant shall plant additional Boston ivies on the trellises located to right of the
building and along the shared walkway between 10026 Orange Avenue and 10038
Orange Avenue. A revised landscaping plan consistent with the Monta Vista Design
Guidelines shall be submitted to the Planning Department for review and approval
prior to the issuance of building permits.
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Resolution No. 6309 U-2005-08 July 26, 2005
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The plans shall include but not be limited to the following items:
• Raised planter boxes
• Picket Fences
• Pedestrian scale trellis features at the entry ways
8. STREET TREES
Applicant shall plant street trees (min. 24" box) of a type and number as prescribed in
the Monta Vista Design Guidelines. Revised tree planting plan and associated
improvement plans shall be to the satisfaction of the Director of Community
Development.
9. EXTERIOR FURNITURES, FENCING, LIGHTING AND ACCESSORIES
Revised plans showing applicable Exterior Furniture, Fencing, Lighting and Accessories
consistent with the Monta Vista Design Guidelines shall be submitted to the Planning
Department for review and approval prior to issuance of building permits.
10. EXTERIOR COLORS AND MATERIALS
Since there is another approved project immediately adjacent that is very similar in
architectural design and form (U-2005-0�, a revised color and material plan shall be
submitted to the Planning Department for review and approval prior to issuance of
building permits. The plans shall provide variations of colors and materials between
the two mixed use buildings and must be consistent with the Monta Vista Design
Guidelines.
11. 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.
12. BELOW MARKET RATE PROGRAM
The applicant shall comply with the requirements of the Housing Mitigation Manual.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
' 13. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
14. 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.
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15. STREET LIGHTING INSTALLATION
Street lighting consistent with the Monta Vista Design Guidelines 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.
The developers of 10038 and 10026 Orange Avenue are required to jointly construct a
City streetlight at the frontage of their respective locations. The street light construction
shall be identified on the off site improvement plan for the site which shall include
location and City specifications.
16. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company and
Santa Clara County Fire.
17. TRAFFIC SIGNALS
Traffic control signs shall be placed at locations specified by the City.
18. 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.
19. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. 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.
* Pre and Post storm drain calculations are required
20. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City and
Santa Clara Fire.
21. 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.
22. 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
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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: $ 5% of Off-Site Improvement Cost or
$2,785.00 min.
b. Grading Permit: $ 5% of Site Improvement Cost
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $397.25
d. Power Cost: **
e. Map Checking Fees: N/ A
f. Park Fees: N/ A(Existing residence - 5.10.05)
h. Street Tree By Developer
**Based on the latest effective PG&E rate schedule approved by the Public Utility
Commission (P.U.C.)
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 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.
23. 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.
24. 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.
24. BEST MANAGEMENT PRACTICIES
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.
25: 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.
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Resolution No. 6309 U-2005-08 July 26, 2005
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26. DRIVEWAY EASEMENT
The developers of both 10026 Orange Avenue and 10038 Orange Avenue must submit a
signed agreement approved by the City, which sets aside a driveway easement along
their adjoining properties. An access easement must also be granted and recorded to
allow right of entry for individuals at 21760 Stevens Creek Boulevard and 10056 Orange
Avenue.
27. TRAFFIC
It does not appear likely that the proposed development will generate 100 or more new
peak trips to or from the site, so City or VTA guidelines did not require a
Transportation Impact Analysis (TIA). Estimates of the combined vehicle trip
generation by the two sites, using statistics from Trip Generation, 7th Edition, published
by the Institute of Transportation Engineers (ITE), are as follows.
a. Between the existing and proposed residential uses, there should be either no
change or a small reduction in the AM and PM peak traffic in and out of the
sites.
b. The new clinics should generate about 6 new peak hour trips during either the
AM or PM peaks, depending on the hours of operation.
c. The retail uses should generate about 13 new AM peak hour trips and 9 PM
peak hour trips.
d. The total new peak hour trips generated by the proposed uses on the two sites
should then be about 19 new AM peak hour trips and 15 new Pm peak hour
trips. This represents less than one new vehicle trip generated by both sites
every three minutes during peak hours. The effect on traffic circulation in the
area should not be significant.
In addition, the proposed developments shall be required to install or upgrade
emergency vehicle preempt (EVP) equipment and countdown pedestrian signal heads
at the signalized intersection of Orange Avenue and Stevens Creek Boulevard. This
work or the cost of this work will be shared equally by the developments at 10026 and
10038 Orange Avenue.
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.
--y'Z.rJ C�C u U��s
Ralph Qualls, City Enginee
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Resolution No. 6309 U-2005-08 July 26, 2005
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PASSED AND ADOPTED this 26th day of July, 2005, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Giefer, Vice Chair Miller, Saadati, Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chen
ATTEST. APPROVED:
�
_ �
Steve Piasecki Gilbert Wong, Chairperson
Director of Community Development Planning Commission
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