Reso 4721 4-U-9G
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4721
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT AN APPROXIMATELY
3,500 SQ. FT. AUTOMOTIVE FLUID MAINTENANCE FILTER
REPLACEMENT BUILDING ON A 22,300 SQ. FT. VACANT LOT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Usc
Permit, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Proccdural
Ordinance of the City of Cupertino, and the Planning Commission has held one or morc public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application and I�ati
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property c�r
improvements in the vicinity, and will not be detrimental to the public health, safety, �cneral
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertin��
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 submittcd 111 llllti
matter, the application for Use Permit is hereby recommended for approval, subject to the condilic�ns
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 arc basccl
and contained in the public hearing record concerning Application No. 4-U-96 as set forth in thc
Minutes of the Planning Commission Meeting of July 8, 1996, and are incorporated by rcicrcncc
though fully set forth herein.
SECTION II: PROJECT DESCR_TPTION
Application No.: 4-U-96 and S-EA-96
Applicant: Pacific CarCare
Property Owner: A1 Cali
Location: 19480 Stevens Creek Boulevard
Resolution No. 4721 4-U-96 July 8, 1996
Page-2-
�FC'TION III• CONDITIONS ADMINISTERED BY THE COMMLINITY DEVELOPMENT Dl�l''I'
1. APPROVED EXHIBITS
Approval is based on Exhibits A 1=6 dated 5/ 14/96;, C.0 and C.1, no date; L-1, L-2 datcd 5/ 15/�)6,
except as may be amended by the conditions contained in this resolution.
2. ALLOCATION
A 1,016 sq. ft. allocation from the Heart of the City commercial retail square foota�e is requirccl.
3. DETAILED SIDEWALK AND LANDSCAPING PLAN
A detailed sidewalk and landscaping plan providing greater compliance with Heart of the C'ity
design guidelines shall be approved by staff prior to issuance of building permits. "I'hc sidcwalk
in the bus duckout area shall be a maximum of 8'.
4. OUTDOOR SEATING AREA
An outdoor seating area shall be provided west of the main entrance with detailcd plans
approved by staff and implemented prior to final occupancy.
5. HAZARDOUS MATERIALS PLAN
A hazardous materials plan shall be prepared and approved by the Central Fire District prior t��
final occupancy.
6. (;ONSTRUCTION IN FLOOD PLAIN
The finish floor elevation shall comply with the requirements of the Santa Clara Vallcy Walcr
District. •
SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTM�N"I�
7. STRFET WIDENING
Street widening, bus turn-out, improvements and dedications shall be provided in accordancc
with City Standards and specifications and as required by the City Engineer.
8. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Libhtin� lixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoinin�
properties, and shall be no higher than the maximum height permitted by the zone in whicl� tlic
site is located.
9. ('URB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with �radcs
and standards as specified by the City Engineer.
10. FIRE HYDRANT
Fire hydrants shall be located as requirecl by the City.
Resolution No. 4721 4-U-96 .(uly 8, I 996
Page-3-
11. TRAFFIC SIGNS
Traffic and signs shall be placed at locations specified by the City Engineer.
12. STRF,ET TREES
Street trees shall be planted within the Public Right of Way and shall be of a typc; ap�rovcd hy
the City in accordance with Ordinance No. 125.
13. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chaptcr I 6.OK
of the Cupertino Municipal Code.
14. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface tlow across ruhlic
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilitics arc dccmccl
necessary by the City Engineer. Development in all other zoning districts shall bc scrvcd by c�n
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 En�;inccr.
15. iJNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinancc Nc�.
331 and other related Ordinances and regulations of the City of Cupertino, and shall coordin�►tc
with affected utility providers for installation of underground utility devices. The devcloper til�all
submit detailed plans showing utility underground provisions. Said plans shall be subjccl to ��ric�r
approval of the affected Utility provider and the City Engineer.
16. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cup�rtinc�
providing for payment of fees, including but not limited to checking and inspection Ices, st��rm
drain fees, park dedication fees and fees for undergrounding of utilities. Said a�;reemcnt shall hc
executed prior to issuance of construction permits.
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1 ,744.00 Ill l Ill Illlllll
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $2,420/acre
d. Power Cost: $75.00/light
e. Map Checking Fees: • N/A
f. Park Fees: N/A
The fees described above are imposed based upon the current fee schedule adoptcd by the C' i ty
Council. However, the fees imposed herein may be modified at the time of rccordalion c�l� a
final map or issuance of a building permit in the event of said change or chan�cs, lhc I�cs
changed at that time will reflect the then current fee schedule.
Resolution No. 4721 4-U-96 .luly 8, 199G
Page-4-
17. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall hc
screened with fencing and landscaping or located underground such that said equipmcnt is nc�l
visible from public street areas.
18. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to San Josc Watcr
Company and shall reach an agreement with San Jose Water Company for water scrvice tc� thc
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 specitied in Section IV. c�l� tl�is
Resolution conform to generally accepted engineeri practices.
ert Viskovi , City Engineer
PASSED AND ADOPTED this 8th day of July, 1996, at a Regular Meetin�; of the Plannin�
Commission of the City of Cupertino, State of California, by the following roll cal I vote:
AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Roberts
NOES: COMMISSIONERS: �
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Austin
ATTEST: APPR V D: �
Robert S. Cowan Paul oberts, Chairman
Director of Community Development Cupertino Planning Commission
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