Reso 6315 U-2005-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6315
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONVERT A RETREAT CENTER
TO A RETIREMENT CENTER AND CONSTRUCT A 6,900 SQUARE FOOT ADDITION
SECTION I: PROTECT DESCRIPTION
Application No(s).: U-2005-12
Applicant: Tony Pantaleoni, Kotas/Pantaleoni Architects
Location: 22622 Marianist Way
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 is hereby recommended for approval,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
and
Resolution No. 6315 U-2005-12 August 23, 2005
Page 2
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-2005-12,
as set forth in the Minutes of the Planning Commission Meeting of August 23, 2005, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled Marianist Center of the
United States Retirement Center dated received June 30, 2005 including the cover sheet,
sheets A1.0 -A4.0 and L1.0-L2.0 prepared by Kotas/Pantaleoni Architects and Pages 1-7
of the engineering plans prepared by Ruth and Going, except as may be amended by the
Conditions contained in this resolution.
2. USE APPROVAL
Approval is granted for the construction of a 6,923 square foot addition to the existing
buildings and conversion of the facility into a private (non-licensed) 27-bedroom
retirement facility with assisted living and nursing care for the Marianist brothers.
Previous uses granted on this property are null and void with approval of this use
permit.
3. 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.
4. LANDSCAPE REVIEW
' The applicant shall submit a comprehensive landscape plan, including water
conservation and pesticide reduction certifications, in conformance with Chapter 14.15,
Xeriscape Landscaping and the pesticide reduction measures referenced in Chapter 9.18,
Stormwater Pollution Prevention and Watershed Protection, of the City Municipal Code
' for approval by the Director of Community Development.
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Resolution No. 6315 U-2005-12 August 23, 2005
Page 3
5. TREE REMOVAL AND RELOCATION
Four (4) existing pear trees and a cherry tree as indicated in the conceptual landscape
plan (sheet L2.0) are permitted to be removed on site. Additionally, the Japanese maple
tree, gingko biloba tree, lemon tree, and tangerine tree as indicated in the conceptual
landscape plan shall be relocated on site. All other existing trees are to be retained on
site.
6. TREE PROTECTION
a. Protection Plan -- As part of the building permit drawings, a tree protection plan
shall be prepared by a landscape architect or certified arborist for-the existing
trees to be retained on site. The tree protection plan shall be inspected and
approved by the landscape architect prior to beginning construction.
b. Tree Protection Bond - Prior to issuance of any building permit(s), the applicant
shall provide a tree protection bond in the amount of $10,000 to ensure the
protection of the existing trees on site during construction. The bond shall be
returned after the occupancy permit is issued upon provision of a report by a
landscape architect or certified arborist indicating that the trees are in good
condition.
7. SIGNAGE
Signage is not approved as part of this application. The applicant shall submit a signage
plan to be approved by the Director of Community Development.
8. CONDENSER UNITS
New condenser units installed as part of this project shall not be located within the
existing front, side and/ or rear yard setbacks of the subject property, and shall not be
located within areas that may create noise impacts onto the adjacent residential
properties. Landscaping shall be added around the new condenser units to provide
visual screening of the units.
9. FENCING
a. Electronically controlled fencing -- No electronically controlled fencing shall be
installed on site unless a fence exception is granted.
b. Chain link fencing - The existing chain link fencing around the existing tennis
court on site shall be removed as part of this project.
c. New/Replacement fencing - Any new and/or replacement fencing shall comply
with the City's Fence Ordinance (Section 16.28 of the Cupertino Municipal
Code).
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Resolution No. 6315 U-2005-12 August 23, 2005
Page 4
10. PARKING
The project site shall maintain the two existing parking lots on site and provide a total of
28 parking spaces on site. The applicant shall abide by the parking calculations
submitted as part of their project description dated June 28, 2005, which indicates the
parking needed on site will not exceed the parking provided on site.
11. RECORDED EASEMENT
Prior to issuance of a building permit, the applicant shall record a deed restriction and
covenant running with the land identified as 22655 Alcalde Road (APN 342-29-064),
subject to approval of the City Attorney, requiring that the existing driveway and
parking spaces 6-14 be maintained and that an easement be granted in favor of 22622
Marianist Way to allow the retirement facility reciprocal ingress and egress and exclusive
use of parking spaces 6-14 on the property.
12. EMERGENCY GENERATOR
Prior to issuance of any building permit(s), the Director of Community Development
shall review and approve the location of the emergency generator. The applicant shall be
required to provide information regarding the size and dimensions of the generator, and
noise impacts that could be produced by the generator so that the Director of
Community Development can determine if the proposed location and type of generator
is acceptable for the site.
13. GREENHOUSE
The proposed greenhouse as indicated on the site plan is not approved as part of this
application. The applicant shall be required to obtain a separate approval for this
greenhouse prior to construction of the greenhouse on the property.
14. AMPLIFIED SOUND
No amplified sound shall be permitted on site.
15. LIGHTING
Lighting fixtures shall be positioned so as to preclude glare and other forms of visual
interference to adjacent properties. Prior to the issuance of any building permit(s), the
applicant shall provide evidence to be reviewed and approved by the Director of
Community Development that lighting from any new lighting fixtures shall not spill out
onto adjacent properties, be visible off-site or create impacts onto adjacent properties. In
addition to the aforementioned, the applicant shall comply with the revised lighting plan
presented by Kotas/Pantaleoni Architects at the August 23, 2005, Planning Commission
meeting.
16. STATUES
The proposed statues on site will not exceed a height of eight (8) feet, provided they are
adequately screened from the fence line and are not visible outside of the property.
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Resolution No. 6315 U-2005-12 August 23, 2005
Page 5
17. SOLAR PANELS
Any newly installed solar panels shall not exceed a total height of four (4) feet.
18. SANITARY DISTRICT
Cupertino Sanitary District fees and/or permits shall be required for the proposed
project improvements. Videotape inspection of the existing/new property line cleanout,
point of connection and street lateral will be required.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
19. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications as required by the City Engineer.
20. 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.
21. 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
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the zone in which the site is located.
22. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company and
Santa Clara County Fire.
23. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
24. 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 Wate "r Quality
Control Board as appropriate.
* A grading permit maybe required pending on the excavating, filling and recontouring
of the project site in conjunction with this application.
25. 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
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Resolution No. 6315 U-2005-12 August 23, 2005
Page 6
the City storm drainage system. If City storm drains are not available, drainage
facilities shall be installed to the satisfaction of the City Engineer.
26. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City and
Santa Clara County Fire.
27. 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
28. 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.
29. 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.
30. 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 must be
included in your building plan submittal.
31. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department (Contact Lavenia Millar at 777-3242). Clearance by the Public
Works Department is needed prior to obtaining a building permit.
32. PARK IMPACT FEE
Prior to issuance of any building permit, the applicant shall pay a park impact fee of
$15,750 in accordance with the park impact fee requirements for a single-family
dwelling unit.
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I Resolution No. 6315 U-2005-12 August 23, 2005
' Page 7
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� PASSED AND ADOPTED this 23rd day of August, 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen; Giefer; Vice-Chair Miller; Saadati and Chairperson
Wong
j NOES: COMMISSIONERS:
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES . APPROVED:
i •
, Steve Piasecki Gilbert Wong, Chairperson
Director of Community Development Cupertino Planning Commission
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