Reso 4898 1-U-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4898
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 5,567
SQUARE FOOT LIGHT INDUSTRIAL BUILDING FOR THE PURPOSES OF
CONDUCTING AUTOMOTIVE REPAIR
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described on Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use is in conformance with the General Plan of the City of Cupertino, and is not detrimental
to existing uses or to uses specifically permitted in the zone in which the proposed use is to be
located.
b) That the property involved is adequate in size and shape to accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity of the
existing street system.
d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
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 1-U-98 as set forth in the Minutes of
the Planning Commission Meeting of March 9, 1998, and are incorporated by reference though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 1-U-98
Applicant: T-Square Consulting
Property Owner: Golden Park L.L.C.
Location: Southwest corner of Lomita & Imperial Avenues
Resolution No. 4898 1-U-98 March 9, 1998
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the title sheet, site details, floor plan, preliminary
grading and drainage, exterior elevations, and preliminary landscape plan, dated revised 2/26/98 as
may be amended by the conditions contained in this Resolution.
2. USE LIMITATIONS
Permitted uses may include all uses allowed without the securing of a Use Permit in the City of
Cupertino ML (Light Industrial) zoning district. The following conditionally approved uses are
allowed: muffler enhancement, tire, brake, and alignment, for the under-body of a car, car
maintenance and general auto repair. The hours of operation are limited from 7:00 AM - 8:00 PM
on weekdays and 8:00 AM - 8:00 PM on weekends and holidays. Parking of vehicles in the
parking lot is limited to a maximum of 72 hours.
3. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
screened with landscaping or located underground such that said equipment is not visible from
public street areas. These shall be identified on the final landscape plan.
3. ACOUSTICAL BARRIER
The project developer shall install a 7' solid masonry acoustical barrier along the west property
line prior to occupancy as described in the Colin Gordon & Associates report dated March 2,
1998. Staff shall work with the acoustical engineer to modify the fence where it meets the north
west property line to graduate in height or wrap around the front of the lot and graduate in height.
The goal is to not have the fence abruptly at 7'.
4. LANDSCAPE REVIEW
The applicant shall submit a comprehensive landscape planting and irrigation plan in conformance
with chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code.
5. NOISEMAKING DEVICES
No public address system or paging system, powered megaphone or similar noisemaking device
shall be permitted outdoors at any time.
6. GRADING STANDARDS
The grading concept and building location for each lot shall substantially reflect the approved
Exhibits upon which the subject application is based.
a) Pad Elevations: The finish vertical elevation of the building pad shall be within then
(1) foot of the building elevations as shown on the preliminary grading plan submitted
with this application.
7. MECHANICAL EQUIPMENT
Any roof mounted mechanical equipment shall be fully enclosed and painted an obscure color.
Resolution No. 4898 1-U-98 March 9, 1998
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8. SIGNAGE
Signage is not approved. A separate permit shall be obtained from the building department to
confirm consistency with the sign ordinance.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
9. STREET WIDENING
Street widening, improvements and dedications at the corner of Lomita & Imperial Ave., per future
alignment, shall be provided in accordance with City Standards and specifications and as required
by the City Engineer.
10. 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.
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 within 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 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.
16. 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 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. 4898 1-U-98 March 9, 1998
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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.
a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,918.00 minimum
b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $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 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.
19. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to San Jose Water
Company and shall reach an agreement with San Jose Water Company for water service to the
subject development.
20. 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 surveying conditions specified in Section IV of this Resolution
conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
Resolution No. 4898 1-U-98 March 9, 1998
Page-S- �
PASSED AND ADOPTED this 9th day of March, 1998, 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, Stevens
NOES: COMMISSIONERS: Doyle, Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Robert S. Cowan Donna Austin, Chai oman
Director of Community Development Cupertino Planning Commission
g/planning/res/1 u98