Reso 6320 U-2005-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6320
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT A 1,774 SQUARE FOOT
COMMERCIAL BUILDING ADDITION AND RENOVATE AN EXISTING
COMMERCIAL BUILDING AT 22350-82 HOMESTEAD ROAD
SECTION I: FINDINGS
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 approved, 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-2005-11 as set forth in the Minutes of the Planning Commission Meeting of
September 13, 2005, and are incorporated by reference as though fully set forth herein.
Resolution No.6320 U-2005-11 September 13, 2005
Page -2-
SECTION II: PROTECT DESCRIPTION
Application No.: U-2005-11
Applicant: Thomas Harrington
Location: 22350 - 82 Homestead Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Homestead Shopping
Center Tenant Improvement, 22350 - 22382 Homestead Road, Cupertino, CA" dated
09/08/05 and consisting of 3 sheets labeled A1 through A3, except as may be
amended by the Conditions contained in this Resolution.
2. SHARED PARKING
Prior to building permit approval, the applicant shall enter into a recorded parking
agreement to share parking between the adjacent commercial properties. The form
and content of the agreement shall be reviewed and approved by the City Attorney
prior to recordation.
3. RECIPROCAL INGRESS GRESS EASEMENT
Prior to building permit approval, the applicant shall record an agreement to
participate in reciprocal parking and ingress/ egress easements between the project
property and the adjacent property to the west (APN's 326-01-026 and 326-01-027),
to be implemented at such time that the City can require the same of the adjacent
property owners, subject to approval of the City Attorney.
4. ALLOWANCE FOR PARKING DEFICIENCY
Applicant is allowed to have up to 50 additional seats in the building for a new
restaurant or specialty food retailer.
5. DESIGNATION OF PARKING SPACES
Applicant shall direct employees to park in the more distant parking locations of the
shopping center. Parking spaces in front of building shall be designated for
customer use.
6. POTENTIAL FUTURE TRAFFIC AND PARKING PROBLEMS
If staff identifies parking or traffic problems associated with the project within one
year of building occupancy, staff shall schedule a Planning Commission use permit
amendment hearing to identify and implement potential solutions to correct said
problems.
Resolution No.6320 U-2005-11 September 13, 2005
Page -2-
7. DRIVEWAY MODIFICATIONS
The applicant shall modify the plan set to provide a free right turn exiting the
driveway even if it removes parking stalls.
8. 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.
9. SIGNAGE
New signage shall be developed for all building tenants and the ground sign, which
is consistent with the City's sign ordinance. The Director of Community
Development shall review and approve the new sign program.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
10. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications as required by the City Engineer.
11. 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.
12. 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.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company
and Santa Clara County Fire.
Resolution No.6320 U-2005-11 September 13, 2005
Page -2-
14. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
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. 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.
17. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City and Santa Clara County Fire.
18. 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.
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. 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.
21. 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.
Resolution No.6320 U-2005-11 September 13, 2005
Page -2-
22. 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.
23. MAINTENANCE EASEMENT
The developer must enter into an agreement with the City to maintain all non-
standard items in the public right of way.
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:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMI�SIONERS: Saadati
ATTEST: APPROVED:
,
C" . �
�
, , �C/��z:��-��
Ciddy Wordell Gilbert Wong, Chairper n
Acting Director of Community Development Planning Commission
G: Cupertino/Planni ng/PDReport/RES/LI-2005-11