Reso 6321 ASA-2005-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6321
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING OF AN ARCHITECTURAL AND SITE APPROVAL FOR A
1,774 SQUARE FOOT COMMERCIAL BUILDING ADDITION AND A RENOVATION
OF AN EXISTING COMMERCIAL BUILDING AT 22350-82 HOMESTEAD ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2005-07
Applicant: Thomas Harrington
Location: 22350-82 Homestead Road
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 pur.poses 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-
07 as set forth in the Minutes of the Planning Commission Meeting of September 13, 2005,
and are incorporated by reference herein.
Resolution No.6321 ASA-2005-07 September 13, 2005.
, Page 2
� 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/EGRESS 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 FU
TURE 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.
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
Resolution No.6321 ASA-2005-07 September 13, 2005
Page 3
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.
10. BUILDING MATERIAL CHANGE
The E.I.F.S. trim on the restaurant shall be replaced with wood trim.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
11. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications as required by the City Engineer.
12. 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.
13. 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.
14. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company and
Santa Clara County Fire.
15. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
16. 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.
Resolution No.6321 ASA-2005-07 September 13, 2005
Page 4
17. 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.
18. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City and
Santa Clara County Fire.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. MAINTENANCE EASEMENT
The developer must enter into an agreement with the City to maintain all non-standard
� items in the public right of way.
Resolution No.6321 ASA-2005-07 September 13, 2005
Page 5
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: COMMISSIONERS: Saadati
�
ATTEST: � APPROVED:
. �
�,,
.
J �c�oz �.��'�,G�
Ciddy Wordell Gilbert Wong, Chairper o
Acting Director of Community Development Planning Commission
G: Cupertino/Planning/PDReport/RES/ASA-2005-07