Reso 6319 M-2005-03
', CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, California 95014
RESOLUTION NO. 6319
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING MODIFICATION OF AN EXISTING USE PERMIT TO EXPAND
� THE SECOND FLOOR OF AN EXISTING COMMERCIAL BUILDING BY 850 SQUARE
FEET, TO CONVERT THE SECOND FLOOR OF A COMMERCIAL/OFFICE BUILDING TO
' TWO (2) FOR-SALE RESIDENTIAL UNITS, AND TO CREATE COVERED PARKING.
�
SECTION I: PROTECT DESCRIPTION
Application No.: M-2005-03
� �
Applicant: Terry Brown (Saeed E. Ghazvini)
, Location: 10075 Pasadena 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
i 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. M-2005-03,
as set forth in the Minutes of the Planning Commission Meeting of September 13, 2005, and
are incorporated by reference though fully set forth herein.
Resolution No.6319 M-2005-03 September 13, 2005
, Page-2- �
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
� � DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 1-7 of the Plan Set dated August 31, 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 (10061 Pasadena Avenue and 21721 Granada 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 each of the properties as a covenant
prior to issuance of building permits.
3. RESTRICTION OF USES OF PROPERTY
' The applicant in conjunction with the property owners at 10061 Pasadena Avenue and
21721 Granada Avenue shall record a covenant running with the land, subject to
approval of the City Attorney. Said covenant shall restrict the use of:
' a. 850 sq. ft. at 10075 Pasadena Ave (APN: 347-17-112) to neighborhood commercial
uses,
b. 1,345 sq. ft. at 10061 Pasadena Ave (APN: 347-17-42) to neighborhood commercial
uses, and
� c. 700 sq. ft. of space to medical uses and 400 sq. ft. of space to office uses on 21721
Granada Ave (APN: 347-17-113). The medical space can be converted to either
commercial or office uses at any time. The office use can be converted to
commercial use at any time; however, it cannot be converted to medical use unless
i some of the existing medical use is converted to commercial or office use.
The covenant shall be recorded with each of the properties prior to issuance of building
permits.
All new uses or changes in use from those approved in the above condition shall require
use permit review as determined by the Planning Department.
4. PARKING
Applicant shall record as a covenant running with the land that each residential unit on
the property shall be provided with two parking spaces each. The covenant shall be
recorded with the property prior to final occupancy.
5. PARKING LOT SIGNAGE
Applicant shall remove all "No Parking - Tow Away Zone" signs from areas that are
designated as parking spaces. Applicant is allowed to put up restricted parking signs
that indicate that the parking spaces are reserved for patrons of the facilities at 21721
Pasadena Avenue (APN: 347-17-113).
6. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's�
Covenants, Conditions and Restrictions documents shall be created to implement all
conditions of approval that affect property owners. The document shall be approved by
the City Attorney and recorded prior to recordation of the final map.
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Resolution No.6319 M-2005-03 September 13, 2005
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7. LIGHTING
Revised plans showing applicable exterior and parking lot lighting consistent with the
Monta Vista Design Guidelines shall be submitted to the Planning Department for
review and approval prior to issuance of building permits.
8. LANDSCAPING
Applicant shall submit revised plans to the Planning Department for review and
approval showing one Podocarpus (min. 24" box) in the southeastern corner of the
property on the front of the building prior to issuance of building permits. The said tree
shall be planted prior to final occupancy.
9. TRELLIS AT REAR
Applicant shall submit revised plans to the Planning Department for review and
approval showing the redesigned trellis at the rear of the building, such that the trellis
does not overhang onto the property at 21721 Granada Avenue (APN: 347-17-113), prior
to the issuance of building permits.
10. 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.
11. 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
12. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
13. 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.
14. 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.
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Resolution No.6319 M-2005-03 September 13, 2005
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' 15. FIRE HYDRANT
� Fire hydrants shall be located as required by the City, if needed.
16. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City, if needed.
17. 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.
18. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Drainage facilities
shall be installed to the satisfaction of the City Engineer.
19. FIRE PROTECTION
� Fire sprinklers shall be installed in any new construction to the approval of the City and
, the Fire Department, if needed.
20. 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.
i
21. 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
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: $ 5% of Off-Site Improvement Cost or
$2,268.00 min.
b. Grading Permit: $ 5% of Site Improvement Cost
, c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: Paid
e. Power Cost: **
� f. Map Checking Fees: N/ A
g. Park Fees: $16,200.00
h. Street Tree By Developer
' ** 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
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Resolution No.6319 M-2005-03 September 13, 2005
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' 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.
� 22. 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.
i
23. 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 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. Erosion and or sediment
, control plan shall be provided.
25. RECIPROCAL PARKING EASEMENT
The property owners of Assessor's Parcel Number: 357-17-112, 357-17-113 and 357-17-42
must submit a signed agreement approved by the City, which sets aside a reciprocal
i parking easement along their adjoining properties.
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.
�.� C-� (,� u C.
Ralph Qualls, City Engineer
PASSED AND ADOPTED this 13th day of September, 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, Chen, Vice-Chair Miller, Chairperson Wong
NOES: COMMISSIONERS:
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� Resolution No.6319 M-2005-03 September 13, 2005
( Page-6-
ABSTAIN: COMMISSIONERS: .
� ABSENT: COMMISSIONERS: Saadati
ATTEST: APPROVED:
3 ' ' / '
�u.. Z,- r C�'2,�-�-� �' i ��'���.(/`"
� Ciddy Worde Gilbert Wong, Chairpers
Acting Director of Community Development Planning Commission
i
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G: � Planning � PDREPORT � RES � 2005 � M-2005-03 res.doc