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Reso 4862 8-U-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4862 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT AN APPROXIMATELY 3,400 SQ. FT. MIXED-USE BUILDING WITH AN AUTOMOBILE TIRE SHOP ON THE FIRST FLOOR AND TWO APARTMENTS ON THE SECOND FLOOR 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 RESOL VED: 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. 8-U-97 as set forth in the Minutes of the Planning Commission Meeting of August 26, 1997, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 8-U-97 Applicant: James Liang, T Square Consulting Group Property Owner: Golden Park, L.L.C. Location: Southwest corner of Lomita and Imperial Avenues Resolution No. 4862 8-U-97 August 26, 1997 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on E�ibits titled "Auto Shop/Apartment Units Mixed-Use Development" consisting of three sheets labeled Sheet A-1, A-2 and L-1 dated 5/28/97, except as may be amended by the conditions contained in this resolution. 2. PERMIT TIME LIMITS This use permit shall expire two years following the effective date of the permit unless exercised and as specified in Section 19.124.090 of the Cupertino Municipal Code. This permit is issued contingent upon annexation of the property to the City. Building permits shall not be issued until annexation is completed. 3. PERMITTED GROUND FLOOR USES The type of uses allowed for the ground floor auto shop shall be limited to tire sales, trading, tire adjustment, brake adjustment, light auto routine work and general office work related to the main business. No other types of uses are allowed for the ground floor. 4. HOUR OF OPERATIONS The ground floor auto servicing hours are limited to 8:00 a.m. to 5:30 p.m., Monday through Saturday. Vehicles may be dropped off or picked up between 7:30 a.m. and 6:00 p.m., Monday through Saturday. 5. NOISE MITIGATION MEASURES To reduce noise transmitted through the floor/ceiling, the exterior walls, and the windows, the construction mitigation measures�.identified in the Colin Gordon and Associates Report titled: Noise Control in Mixed-Use Development at Lomita and Imperial Avenues, Cupertino, California, dated 7/17/97, shall be incorporated into the project. The applicant shall erect a 6-foot tall masonry wall, along the west property line, extending from the adjoining, east side building to the edge of the parking lot. 6. MECHANICAL VENTILATION The developer shall provide air conditioning units for each apartment unit. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT. 7. LANDSCAPING The Community Development Director or his representative shall approve the final landscape plan which shall screen the parking lot and automobile service bays through a combination of trees and taller shrubs. Resolution No. 4862 8-U-97 August 26, 1997 Page -3- 8. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 9. 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. 10. 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. 11. FIRE HYDRANT Fire hydrants shall be located as required by the City. 12. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 13. STREET TREES { Street trees shall be planted witliin the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 14. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 15. 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 aze 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. 16. UNDERGROLJND 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. Resolution No. 4862 8-U-97 August 26, 1997 Page -4- 17 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. Fees: a. Checking & Inspection Fees; $ 6% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $1,000.00 c. Storm Drainage Fees: $320.00 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. 18. 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. 19. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and a�purtenances installed to City Standards and shall reach an agreement with Cupertino Water Works for water service to the subject development. 21. NOTICE OF INTENT The applicant must file a Notice of Intent (NOI), as required by the State Water Resource Control Board for all construction activity disturbing 5 acres or more of soil. The permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and the utilization of storm water BMP's. 22 BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Boazd, for construction activity which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Resolution No. 4862 8-U-97 August 26, 1997 Page -5- 23. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 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 IV. of this Resolution conform to generally accepted en 'neering practices. Be Vis vi h, City Engineer PASSED AND ADOPTED this 26th day of August, 1997, 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, Mahoney, Roberts and Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: � ABSENT: COMMISSIONERS: Doyle ATTEST: APPROVED: ���i;�-� Robert S. Cowan Andrea B. Harris, Chairperson Director of Community Development Cupertino Planning Commission g:/pdreport/res/r8u97