Reso 5004 13-U-97 (M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5004
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL FOR A USE PERMIT MODIFICATION TO RELOCATE BELOW-GRADE
PARKING TO SURFACE PARKING FOR AN APPROVED ADDITION TO AN EXISTING
ASSISTED-LIVING FACILITY
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit modification, 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 the subject application; and
WHEREAS, the applicant has met the burden of proof required to support said application and
has satisfied the following requirements:
a) 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.
b) 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 a Use Permit is hereby recommended for approval, subject to
the conditions which aze 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 13-U-97 (M) as set
forth in the Minutes of the Planning Commission Meeting of January 25, 1999, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 13-U-97 (M), 13-U-97
Applicant: Sunnyview Lutheran Home
Location: 22445 Cupertino Road
Resolution No. 13-U-97 (M) January 25, 1999
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits labeled: A1, A4, A1.0, A1.3 and
A5.0
2. ADDITIONAL LANDSCAPING
Applicant shall plant landscaping along northern property line to eliminate visibility of the
northwestern parking spaces from view of neighboring residential properties. The
landscaping plan shall be approved by staff.
3. TREE REPLACEMENT
Applicant shall plant five 24 inch boxed trees to visually screen the addition from properties
located on Salem Avenue.
4. 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.
5. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's) as required by the State Water Resources
Control Board, for construction activity which disturbs soil.
6. OUTPATIENT PHYSICAL THERAPY
Primary use of the physical therapy space in building 7 is for residents of Sunnyview
Lutheran Homes. However, 15 to 20 outpatients may be accommodated on a daily basis.
7. STORAGE OF CONSTRUCTION VEHICLES AND SUPPLIES
Applicant shall not store construction materials and/or supplies on Cupertino Road during the
construction phase of this use permit.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
Resolution No. 13-U-97 (M) January 25, 1999
Page -3-
2. 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. �
3. 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.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
6. 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.
7. TURF BLOCK
Applicant shall utilize turf block for all new parking stalls. Design and installation shall
meet the specifications of the City Engineer.
8. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code.
9. ON AND OFF-SITE 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.
10. LINDERGROLJND 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. 13-U-97 (M) January 25, 1999
Page -{PAGE}-
11. 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: $ 1,000.00
c. Storm Drainage Fee: $ 17,061.40
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.
12. 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.
13. 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.
14. 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.
PASSED AND ADOPTED this 25th day of January, 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr,Harris, Kwok, and Stevens
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairperson Doyle
ATTEST: APPROVED:
/
.� , �
Robert Cowan Andrea Harris,Vice- hair
Director of Community Development Planning Commission
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