Reso 5063 7-U-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5063
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ADD A 9,831 SQ. FT. ADDTION OF AN INDOOR
SWIMMING POOL AND AEROBICS STUDIO TO AN EXISTING YMCA BUILDING AT
20803 ALVES DRIVE
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 approved, 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. 7-U-99 as set forth
in the Minutes of the Planning Commission Meeting of August 9, 1999, and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 7-U-99
Applicant: YMCA
Location: 20803 Alves Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on exhibits dated 7-30-99 and labe��d sheets A0.0
through A5.2 and L1, except as may be amended by the conditions contained in this
Resolution.
2. 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.
3. ARBORIST REQUIREMENTS
Existing trees shown on Exhibit sheet L-1 and labeled as "existing trees to remain" shall be
saved contingent upon arborist report confirming long term health. A contract shall be
entered into with an Internationally Certified Arborist and a copy submitted to staff. The
purpose of the contract will include an agreement to participate in initial site inspection prior
to demolition, grading or construction activity to confirm protection measures are in place,
participation in plan development which requires the arborist be involved prior to building
demolition, grading and road construction plans to confirm recommended practices are
proposed. The contract shall also require that the arborist submit quarterly written reports to
staff confirming site inspections have been completed and recommended protection measures
are being met. A bond in the amount of $10,000 shall be submitted for all specimen sized
trees required to be protected during development (demolition, grading and construction).
This money may be released following final inspection by the above referenced arborist. The
arborist shall submit in writing that the trees have been adequately protected during
construction and are expected to survive.
4. PARKING
Parking shall be at a ratio of one space for every 200 square feet of new development with
the following exceptions: the storage space and locker area (totaling 1,578 sq�a:e feet) shall
not generate any parking need and the aquatics office shall generate parking need at a ratio of
one space for every 250 square feet. The Planning Commission shall have the opportunity to
reevaluate the intensity of site use in the future should parking problems arise.
5. BICYCLE PARKING
Applicant shall provide bicycle racks to accommodate 24 bicycles on-site.
6. BUILDING SETBACKS
The natatorium's eastern setbacks shall be increased to achieve at least a 1:1 ratio between
setback and building height.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
7. 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: $ 5% of Improvement Cost or$1,975.00 mini
b. Development Maintenance Deposit: $ 1,000.00
c. Storm Drainage Fee: $ 950.00/acre
d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: N/A
f. Park Fees: N/A
g. Grading Permit: $ 5% of on-site improvement Cost or $460.00 min.
-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.
8. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity that disturbs soil. BMP plans shall be included in
your grading and street improvement plans.
Resolution No. 5063 7-U-99 August 9, 1999
Page 4
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 9t'' day of August, 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, Stevens, Harris, Chairman Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPRO .
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Robert S. Cowan David Doyle, C airm
Director of Community Development Cupertino Planning Commission
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