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Reso 4593 4-U-95 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 � RESOLUTION NO. 4593 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING ,' APPROVAL OF A USE PERMIT TO REPLACE A E XPAND AN EXISTING FIRE STATION SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use is in conformance with the General Plan of the City of Cupertino, and is not detrimental or injurious to property or improvements in the vicinity. b) That the property involved is adequate in size and shape to accommodate the proposed use. The District's operational needs require the proposed development. � c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. � 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 That the subconclusions upon which the findings and conditions specified in this Resolution aze based and conta.ined in the Public Hearing record concerning Application 4-U-95 as set forth in the Minutes of the Planning Commission Meeting of March 13, 1995, and aze incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 4-U-95 Applicant: Central Fire Protection District Property Owner: Central Fire Protection District Location: 22620 Stevens Creek Boulevard Resolution No. 4593 (4-U-95) March 13, 1995 Page -2- SECTION III• CONDITIONS ADMINISTERED BY THE COMMLTNITY DEVELOPMENT DEPT l. APPROVED EXHIBITS The recommendation of approval is based on Exhibits dated 2-15-95, Revised (6 Sheets), except as may be amended by the Conditions contained in this Resolution. A 5' wing wall � shall be located between the driveway apron and the east property line. Existing trees on the southwest property line shall be retained. 2. MODIFICATION OF APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor changes, alternations or amendment of the approved development plan, a written request or revised development plan shall be submitted to the Director of Community Development. If the Director makes a finding that the changes are minor and do not result in a material affect upon the appearance of function of the project, said changes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Commission. 3. NOISE IMPACTS An 8' perimeter wall shall be constructed on the east and south property lines. Noise levels shall not exceed those allowed in the noise ordinance. Noise mitigation measures specified in the Noise Study (January 23, 1995) shall be implemented. Construction days and times shall be Monday - Friday, 8 a.m. to 6 p.m. If constxuction noise exceeds noise ordinance standards after employing all mitigation measures, the noise ordinance standards for construction noise shall be changed. 4. NON-POINT SOURCE POLLUTION Utilize Best Management Practices (BMP'S) as required by the State Water Resources Control Board for constxuction activity which disturbs soil. Direct water run-off into the sanitary sewer system in areas where vehicles are washed. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 5. STREET LIGHTING 1NSTALLATION 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. 6. 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. Resolution No. 4593 (4-U-95) March 13, 1995 Page -3- 7. FIRE HYDRANT Fire hydrants shall be located as required by the City. � 8. TRAFFIC SIGNS ' Traffic and signs shall be placed at locations specified by the City Engineer. � 9. STREET TREES i Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 10. GRADING ' Grading shall be as approved and required by the City Engineer in accordance with Chapter � 16.08 of the Cupertino Municipal Code. 11. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by 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. 12. 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. 13. 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 constxuction permits. a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $1,000.00 c. Storm Drainage Fee: $480/acre d. Power Cost: N/A e. Map Checking Fees: $381.00 f. Park Fees: N/A Resolution No. 4593 (4-U-95) March 13, 1995 Page -4- 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. ' 14. 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. 15. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to California Water Company and shall reach an agreement with California Water Company for water service to the subject development. 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 III of this Resolution conform to generally accepted engineering prac 'ces. B Viskovi h, City Engineer PASSED AND ADOPTED this 13th day of March, 1995, at a regular meeting of the Planning ' Commission of the City of Cupertino, State of California, by the following roll ca11 vote: AYES: COMMISSIONERS: Austin, Harris, Roberts, Chairman Doyle � NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mahoney ATTEST: APPR � s Robert S. Cowan David Doy , hairm Director of Community Development Cupertino Planning Commission g:/planning/4u95c