Reso 4689 11-U-95
. CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4689
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ADD A 580 SQ. FT. SERVING AREA
TO AN EXISTING CLUB BUILDING
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
welfaze, 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.
3) The proposed use is a minor alteration, and should not preclude future designation as a historical
building.
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 are based
, and contained in the public hearing record concerning Application No. 11-U-95 as set forth in the
Minutes of the Planning Commission Meeting of March 11, 1996, and are incorporated by reference
though fully set forth herein.
SF�'TION II• PROJECT DESCRIPTION
Application No.: 11-U-95
Applicant: Cupertino De Oro Club
Property Owner: Cupertino De Oro Club
Location: 20441 Homestead Road
Resolution No. 4689 11-U-95 March 11, 1996
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
T'he recommendation of approval is based on Exhibits labeled A1 and dated 11/3/95, and material
board submitted with the application, except as may be amended by the Conditions contained in
this Resolution.
2. TREE PROTECTION .
Building construction and tree protection during and after construction shall be implemented
according to the arborist report prepared by Barrie D. Coate and Associates, January 11, 1996 &
September 10, 1995. The west-facing limb, shown in photo 6 of Coate report dated January 11,
1996, is not approved for removal. The oak tree shall be saved. A contract shall be entered into
with an Internationally Certified Arborist and a copy submitted to staff. The purpose of the
contract will include an agreement to participate an initial site inspection prior to demolition,
grading or construction activity to confirm protection measures are in place, participation in plan
development which requires the arborist be involved prior to building demolition, grading and road
construction plans to confirm recommended practices are proposed. The contract shall also require
that the azborist submit quarterly written reports to staff confirming site inspections have been
completed and recommended protection measures are being met. A bond in the amount of $10,000
� shall be submitted for protection during development (demolition, grading and construction). This
money may be released following final inspection by the above referenced arborist. The arborist
shall submit in writing that the tree has been adequately protected during construction and are
, expected to survive. If the tree is not expected to survive then it shall be immediately replaced with
three 24 gallon sized oak trees.
SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
3. RFIMBURSEMENT FOR IMPROVEMENTS
The applicant shall pay the City of Cupertino $38,639.70 for reimbursement of street dedication
and public utility easement costs paid by the City on May 9, 1990.
� PASSED AND ADOPTED this llth day of March, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Harris, Mahoney and Chairman Roberts
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Austin and Doyle
ATTEST: APP VED:
Robert S. Cowan Pa 1 Roberts, Chairman
Director of Community Development Cupertino Planning Commission