Reso 5070 8-U-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
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RESOLUTION NO. 5070
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT A 1,750 SQ. FT. ADDTION (LEARNING
CENTER) AT AN EXISTING OFFICE BUILDING
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; 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-99 as set forth in the
Minutes of the Planning Commission Meeting of September 27 1999, and are incorporated by
reference as though fully set forth herein.
Resolution No. 5070 8-U-99 September 27, 1999
Page-2
SECTION II: PROJECT DESCRIPTION
Application No.: 8-U-99
Applicant: HOK Architects
Location: 20330 Torre Avenue (For Symantec Corp.)
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is granted based upon Exhibit labeled "Symantec CC2, Proposed Learning
Center", Sheets AO through AS dated 6/3/99 and L-1 dated 7/1/99, except that the awning
leading to the main entrance may be removed.
2. LEARNING CENTER
The 1750 square foot "Learning Center" is conditionally approved contingent upon the
reconstruction of approximately 6,000 square feet of office space to cafeteria space as depicted
on Sheet A1. The Learning Center shall be available for public or non-profit uses as described
in the Symantec letter of September 20, 1999.
3. GLAZING
The Learning Center shall use "vision" glass similar in color to the existing buildings.
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 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
l. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
2. 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
Resolution No. 5070 8-U-99 September 27, 1999
Page-3
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.
3. 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.
4. 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: $ 5% of Improvement Cost or $1,975.00 min
b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $480.00/acre
d. Power Cost: N/A
e. Map Checking Fees: N/A
f. Park Fees: N/A
g. Reimbursement fee: To be determined from reimbursement agreement
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.
5. TR.ANSFORMERS
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.
6. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to City of Cupertino
and shall reach an agreement with San Jose Water Company for water service to the subject
development.
Resolution No. 5070 8-U-99 September 27, 1999
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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 27`�' day of September, 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, Kwok, Stevens and Chairman Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Harris �
ATTEST: APPRO D:
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Robert S. Cowan David Doyle, airman
Director of Community Development Cupertino Planning Commission
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