Reso 4771 19-U-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4771
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT A 3,775 SQ. FT. BUILDING
CONSISTING OF OFFICE AND RETAIL USES AND AN APARTMENT
AT 10050 IMPERIAL AVENUE, APN 357-17-069
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
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 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. 19-U-96 as set forth in the
Minutes of the Planning Commission Meeting of November 12, 1996, and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 19-U-96
Applicant: Vincent C. Wong
Property Owner: Vincent and Connie Wong
Location: 10050 Imperial Avenue
Resolution No. 4771 19-U-96 November 12, 1996
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SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled, "Imperial One: A Mixed Use
Development 10050 Imperial Avenue, Cupertino, California" consisting of three sheets labeled
A.1, A-2 and D-1 last revised 10/30/96, except as may be amended by the Conditions contained
in this Resolution.
2. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 416 square feet of the 35,000 square foot retail
commercial development allocation pool for mixed use developments with residences outside of
the Heart of the City as described in the Retail Commercial Development Priorities Table of the
General Plan. An allocation of one dwelling unit is also granted from the undesignated
residential development allocation pool from the Residential Development Priorities Table of the
General Plan.
3. SHARED ACCESS
The applicant shall prepare a reciprocal access agreement subject to the approval of the City
Attorney which provides vehicular and pedestrian access to adjoining property owners of
Assessor Parcel Nos. 9, 10 and 76 of Assessor's Book 357, Page 17. Said property ownership
constitutes the land located on the east side of Imperial Avenue between Stevens Creek
Boulevard and the property which is the subject of this use permit application. The intent of this
condition is to provide for the common access and parking lot designs as described in the Old
Monta Vista General Plan.
4. ROAD MAINTENANCE AGREEMENT
A reciprocal maintenance agreement shall be required for all parcels which share a common
private drive with one or more other parcels. Said agreement shall be recorded prior to building
permit approval, and shall be subject to prior approval as to form and content by the City
Attorney.
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. C�URB 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.
Resolution No. 4771 19-U-96 November 12, 1996
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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.
8. FIRE HYDRANT
Fire hydrants shall be located as required by the City. Required fire flow is 1500 GPM at 20 psi
residual pressure.
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. DR.AINAGE
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. LJNDERGROLJND 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.
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: $ 5% of Improvement Cost or $1,744.00 minimum
b. Development Maintenance Deposit: $1,000.00 �
c. Storm Drainage Fee: $361.00
d. Power Cost: $75.00 per street light
Resolution No. 4771 19-U-96 November 12, 1996
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e. Map Checking Fees: N/A
f. Park Fees: $4,239 per unit (apartment)
-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.
15. TRANSFORMERS
Electrical transformers, telephone vaults and similaz 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 Cupertino Water
Company and shall reach an agreement with Cupertino Water Company for water service to the
subj ect development.
17. 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 shall be included in your grading
and street improvement plans.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and survey' g conditions s ecified in Section IV. of this
Resolution conform to generally accepted engine g pr ' s.
B rt Vis o c, City ngineer
Resolution No. 4771 19-U-96 November 12, 1996
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PASSED AND ADOPTED this 12th day of November, 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: Austin, Doyle, Harris, Mahoney and Chairman Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APP OVED:
Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Cupertino Planning Commission
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