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Reso 6316 ASA-2005-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6316 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL FOR A 6,900 SQUARE FOOT ADDITION TO AN EXISTING RETREAT/RETIREMENT CENTER SECTION I: PROTECT DESCRIPTION Application No(s).: ASA-2005-08 Applicant: Tony Pantaleoni, of Kotas/ Pantaleoni Architects Location: 22622 Marianist Way SECTION II: FINDINGS 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 proposal, 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 proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements that compliment neighboring structures; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval 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. ASA-2005- 08, as set forth in the Minutes of the Planning Commission Meeting of August 23, 2005, and are incorporated by reference herein. Resolution No. 6316 ASA-2005-08 August 23, 2005 Page 2 � 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. DEVELOPMENT APPROVAL Approval is granted for the construction of a 6,923 square foot addition to the existing buildings at the Marianist Center for the retirement facility. � 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 i 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. 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. G:�Planning�PDREPORT�RES�2005�ASA-2005-08 res.doc Resolution No. 6316 ASA-2005-08 August 23, 2005 Page 3 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). 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 in with the land identified as 22655 Alcalde Road APN 342-29-064 covenant runn g ( ), 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. G:�Planning�PDREPORT�RES�2005�ASA-2005-08 res.doc Resolution No. 6316 ASA-2005-08 August 23, 2005 Page 4 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. 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. G:�Planning�PDREPORT�RES�2005�ASA-2005-08 res.doc Resolution No. 6316 ASA-2005-08 August 23, 2005 Page 5 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 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 Water 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 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. G:�Planning�PDREPORT�RES�2005�ASA-2005-08 res.doc Resolution No. 6316 ASA-2005-08 August 23, 2005 Page 6 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. 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 NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Gilbert Wong, Chairperson Director of Community Development Cupertino Planning Commission G:�Planning�PDREPORT�RES�2005�ASA-2005-08 res.doc