Reso 4933 12-U-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4933
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING RETAIL
BUILDING AND CONSTRUCT A 3,550 SQUARE FOOT RETAIL AND 5,100 SQUARE FOOT
RESIDENTIAL (3 UNITS), MIXED-USE BUILDING, AND AN AMENDMENT TO THE HEART
OF THE CITY SPECIFIC PLAN RELATED TO DEVELOPMENT REQUIREMENTS
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 project meets the findings for exception to the Heart of the City Specific Plan.
b) That the mixed-use project meets the General Plan, Specific Plan and all related zoning.
c) That the project is of high quality and will significantly add to the quality of life for the Cupertino
community.
WHEREAS, the applicant has met the burden of proof required to support an exception to the Heart of
the City Specific Plan, and has satisfied the following requirements:
In order to provide design flexibility in situations when small lot size, unusually shaped parcels, or
unique surrounding land uses make it difficult to adhere to the development standards and where all
efforts to meet the standards, including lot consolidation, have been exhausted, an applicant for
� development may file an exception request to seek approval to deviate from the standaxds. The
� exception process shall not be used to increase land use intensity or change permitted land uses.
A. An exception for design standards is approved with the following findings:
1. The proposed development is otherwise consistent with the City's General Plan and with the
goals of this specific plan and meets one or more of the criteria described above.
' 2. The proposed development will not be injurious to property or improvements in the area nor
be detrimental to the public health and safety.
� 3. The proposed development will not create a hazardous condition for pedestrian or vehicular
traffic.
4. The proposed development has legal access to public streets and public services are available
to serve the development.
5. The proposed development requires an exception which involves the least modification of, or
deviation from, the development regulations prescribed in this chapter necessary to
accomplish a reasonable use of the parcel.
Resolution No. 4933 12-U-97 June 8, 1998
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5. The proposed development requires an exception which involves the least modification of, or
deviation from, the development regulations prescribed in this chapter necessary to
accomplish a reasonable use of the parcel.
B. An exception which has not been used within the standard timeframe as outlined by the
exception ordinance following the effective date thereof, shall become null and void and of no
effect unless a shorter time period shall specifically be prescribed by the conditions of such
permit or variance. An exception permit shall be deemed to have been used in the event of the
erection of a structure or structures when sufficient building activity has occurred and continues
to occur in a diligent manner.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�iibits, 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 12-U-97 as set forth in the Minutes of
the Planning Commission Meeting of June 8, 1998, and are incorporated by reference though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 12-U-97
Applicant: Thomas Liu, Architect
Property Owner: Monica Sun
Location: 19028 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
� The recommendation of approval is based on Exhibits A1-A9 from Thomas Liu & Associates
► dated May 29, 1998, except as may be amended by the Conditions contained in this Resolution.
Rear Elevation # 1 is approved on sheet A7.
2. CONFORMANCE WITH ORDINANCES, REGULATIONS AND LAND USE CONDITIONS
The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in
� conformance with all ordinances, regulations, and land use conditions imposed by the City of
�
� Cupertino or any other government agency with respect to this Development. In any case where
, this Declaration of Covenants, Conditions and Restrictions is found to be in conflict with any
� ordinance, regulation or land use condition imposed on the development by the City of Cupertino
� or any other governmental agency, then said ordinance, regulation or land use condition shall
� prevail over this declaration.
Resolution No. 4933 12-U-97 June 8, 1998
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3. DEMOLITION REQUIREMENT
All existing structures on the site shall be removed prior to or concurrently with project
construction. The developer shall assume the responsibility to obtain all required demolition
permits in accordance with City Ordinances.
4. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 209 square feet of commercial development priority
allocation and 2 residential dwelling units.
5. GR.ADING STANDARDS
The grading concept and building location for each lot shall substantially reflect the approved
Exhibits upon which the subject application is based.
6. LANDSCAPE REVIEW
The applicant shall submit with the building permit a comprehensive landscape and irrigation
plan in conformance with chapter 14.15, Xeriscape Landscaping, and the Heart of the City
specific plan of the Cupertino Municipal Code. All trees shall be a minimum 24 gallon size.
7. 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.
' 8. RECYCLING FACILITIES
� The developer shall make provisions for recycling facilities which shall be in accordance with
Chapter 19.81 of the C.M.C.
9. USE LIMITATIONS - (GENER.AL COMMERCIAL)
Permitted uses may include all uses allowed without the securing of a use permit in the City of
Cupertino CG (General Commercial) zoning district. All other uses requiring use permit review.
�
10. EXCEPTION TO HEART OF THE CITY
` An exception is granted to the side setback, minimum site area, to allow residential parking near
the public walkway, to allow residential parking close to the rear property line, to allow
� encroachment into the common area and allow shared deck area, subject to adoption of an
i
i exception process to the Heart of the City Specific Plan.
Resolution No. 4933 12-U-97 June 8, 1998
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11. SITE DESIGN
A second door shall be provided on the north side of the garbage enclosure for access by the
retail tenants.
12. ARCHITECTURAL REVIEW
Architectural review is required for the following details: wood bench, trellis, arbor, interlocking
pavers, patterned concrete, garbage enclosure materials, gate material and color, lighting types
and color and the bike racks and enclosures.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
13. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
Bus turn-out shall be provided in accordance with the standards and requirements of Santa Clara
County Valley Transit Agency.
14. 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.
15. 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 m�imum height permitted by the zone in which the
site is located.
16. FIRE HYDR.ANT
�
Fire hydrants shall be located as required by the City.
17. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
18. 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.
�
i
19. GRADING
, Grading shall be as approved and required by the City Engineer in accordance with Chapter
�
16.08 of the Cupertino Municipal Code.
� 20. 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
Resolution No. 4933 12-U-97 June 8, 1998
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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.
A parallel storm line is required northerly of the subject property at 18" diameter from manhole
508A to 507 of the approved master storm drain plan at approximately 7001ineal feet.
21. 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.
22. 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 $1,918.00 minimum
b. Development Maintenance Deposit: $ 3,000.00
c. Storm Drainage Fee: $ 1,042.00
d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: N/A
f. Park Fees: $27,000.00
� 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.
� 23. 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.
24. DEDICATION OF WATERLINES
� 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.
25. 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.
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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
PASSED AND ADOPTED this 8th day of June, 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: Stevens, Mahoney, Doyle, Harris, and Chair Austin
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
,
Robert S. Cowan onna Austin, Chair
Director of Community Development Cupertino Planning Commission
g/planning/ res/12u97