Reso 6010 7-U-99 (M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6010
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DIRECTOR'S MINOR MODIFICATION TO AN APPROVED USE PERMIT FOR
MODIFICATIONS TO GRADING AND TREE REMOVAL AND
REPLACEMENT AT 20803 ALVES DRIVE
� 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 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;
i 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.7-U-99 (M) as set forth in the
Minutes of the Planning Commission Meeting of March 27, 2000, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 7-U-99 (M)
Applicant: YMCA of Santa Claxa Valley
Location: 20803 Alves Drive
Resolution No. 6010 7-U-99 (M) March 27, 2000
Page-2
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 labeled sheets A0.0
through A5.2 and L1, except as 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 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. TREE REPLACEMENT:
The redwood trees shall remain spaced at 20' on center in the area directly to the east of the
natatorium addition with the three trees being removed at the north or south end of the row of
trees. Trees at the north and south end of the row of redwoods will be spaced evenly to provide
adequate screening. Additional high-growing shrubs shall be planted in the area where trees
described as #6, #8 and#9 on sheet L-1 are being removed.
5. 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 square 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.
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Resolution No. 6010 7-U-99 (M) March 27, 2000
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6. BICYCLE PARKING
Applicant shall provide bicycle racks to accommodate 24 bicycles on-site.
7. 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
8. 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 min.
b. Development Maint. 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.
9. 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.
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Resolution No. 6010 7-U-99 (M) March 27, 2000
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PASSED AND ADOPTED this 27`" day of March, 2000, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Con, Doyle, Stevens and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Kwok
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Steve Piasecki Andrea Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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