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Reso 4725 5-U-96 CITY OF CUPERTINO . 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4725 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A 23,912 SQUARE FOOT BUILDING ADDITION AT 19310 PRUNERIDGE AVENUE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Conditional 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 5-U-96 set forth in the Minutes of the Planning Commission Meeting of July 8, 1996, and are incorporated by reference though fully set forth herein. Resolution No. 4725 5-U-96 July 8, 1996 Page-2- SECTION II: PROJECT DESCRIPTION Application No.: 5-U-96 Applicant: Sobrato Development Company Property Owner: Same Location: 19310 Pruneridge Avenue SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on e�ibit titled Site Plan page A1.1 dated 6/19/96, Floor Plan page A3.1-10 & A3.2-10. both dated February 20, 1996 and Elevation Plan page A3.0, dated May 22, 1996. 2. HOUSING MITIGATION FEE The proposed project is subject to the City's housing mitigation requirements. The applicant shall cause to be built the required number of affordable housing units, or pay an in lieu fee of $5 per square foot of building area prior to issuance of a building permit. 3. AMENITY SPACE The project is approved with a floor to area ratio (FAR) of .342 adjusted to .328 when 5,079 square feet of amenity space consisting of a cafeteria, nursing room and break rooms on the first and second floors are excluded from the FAR calculation. 4. LANDSCAPE AND TREE REMOVAL A landscape plan showing all replacement trees is required prior to issuance of a building permit. Tree removal is authorized for demolition area; removal of additional specimen trees will require a tree removal permit. SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT. 5. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 6. CURB AND UTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 7. 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. Resolution No. 4725 5-U-96 July 8, 1996 Page-3- 8. FIRE HYDRANT Fire hydrants shall be located as required by the City. 9. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 10. STREET TREES 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. 11. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 12. 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. 13. 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 coordinated 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. 14. 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 construction permits. a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $ 3,000.00 c. Storm Drainage Fee: $ 2,420/acre d. Power Cost: $ 75.00 per street light e. Map Checking Fees: $N/A f. Park Fees; $N/A -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. Resolution No. 4725 5-U-96 July 8, 1996 Page-4- 15. 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. 16. 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. PASSED AND ADOPTED this 8th day of July, 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: Doyle, Mahoney, Chairman Roberts NOES: COMMISSIONERS: Harris ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Austin ATTEST: A R VED: � ; Robert S. Cowan Paul Roberts, Chairman Director of Community Development Cupertino Planning Commission g: /pdreport/re 5 U96. Doc