Reso 6040 09-U-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6040
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ADD 1,120 SQUARE FEET TO AN EXISTING SHOPPING
CENTER AND TO MODIFY THE EXTERIOR OF THE BUILDINGS AT 19942-19990
HOMESTEAD ROAD
� 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.
3) Development allocation in accordance with the 1993 General Plan is appropriate for this center
� remodel including a building addition, and site and landscape improvements.
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 9-U-00 are set forth in the Minutes
of the Planning Commission Meeting of June 26, 2000, and are incorporated by reference as though
fully set forth herein.
Resolution 6040 09-U-00 June 26, 2000
. page 2
SECTION II: PROJECT DESCRIPTION
Application No.: 09-U-00
Applicant: Wayne Gong
Property Owner: Wayne.Gong
Location: 19942-19990 Homestead Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A-1.0 (Site Plan), A-2.0 (Exterior
Elevations), L-1.0 (Landscape Plan) drawn by Wayne Gong, except as amended by these conditions
of approval.
" 2. LANDSCAPING
The final landscaping plan shall be consistent with Xeriscape Guidelines, to be approved by staff.
This plan shall include landscape shrubs and one tree in the triangle area and the rectangular area on
the west side of Building A. Trees shall be installed in tree wells in the parking lot in front of the
buildings.
3. LIGHTING
The parking lot standard poles, wall pack lighting, and sign lighting shall be reviewed and approved
by the Design Review Committee. The parking lot pole height may not exceed twenty (20) feet.
The poles shall be painted a dark color. A lighting plan shall be submitted with the building permit
to assure that no glare or off-site lighting results.
4. GARBAGE ENCLOSURES
The garbage enclosure between buildings B & C, shall be replaced with an 8' stucco wall between
this site and the adjoining site East. The entry doors shall be wood, metal or other material, not
�. chain-link. The landscape planter on either side of the entry doors shall be stucco with one 12 x 12
ceramic tile per planter to match the building. This enclosure and gate shall be reviewed and
approved by the Design Review Committee.
5. SIGNAGE
Metal or brass letting is approved for the monument sign letters. The building mounted and
monument signs shall not be internally illuminated but may have up- or down-lighting. The Design
Review Committee shall approve the final sign lighting and design.
6. BUILDING COLOR
The material board is not approved. The applicant shall coordinate with the Architectural Advisor
to develop an overall color scheme for the center which include roof, wall, trim and tile color. The
Design Review Committee shall approve this color scheme. The entire buildings shall be painted.
7. ROOF MOUNTED EQUIPMENT SCREEN
The existing wood screen on building C shall be replaced. The material and color shall be
compatible with the building and shall adequately screen mechanical equipment. The design shall
be approved by the Design Review Committee.
Resolution 6040 09-U-00 June 26, 2000
Page 3
8. DEVELOPMENT ALLOCATION
The approval of this application allocates 1,120 square feet of building area from the General Plan
Retail/Commercial Development Allocation pool.
9. GATES/FENCING
The gates proposed behind building A, shall be obscure. The design shall include materials
compatible with the building material and color. The design shall be reviewed and approved by the
Design Review Committee. The broken wooden slats on the property line chain-link fence shall be
reviewed by the Design Review Committee.
10. CONSTRUCTION PROGR.AM
Given the proximity to the daycare center, the applicant shall work with staff and the adj oining
daycare operator to develop a construction program to address safety, noise and air pollution.
11. ROOFING MATERIAL
Roofing material shall be more dimensional than the proposed metal roof, such as composite or
shingle tiles.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
12. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
13. 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.
14. 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.
� 15. FIRE HYDRANT
IFire hydrants shall be located as required by the City.
16. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
I
i 17. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by
i the City in accordance with Ordinance No. 125.
18. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
Resolution 6040 09-U-00 June 26, 2000
Page 4
19. 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. No
increase of storm run-off is allowed.
20. 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 sha�l
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider and the City Engineer. Relocate Utility Pole behind
sidewalk at northeast corner of the property.
21. 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 Off-Site Improvement Cost or $1,975.00
minimum
b. Grading Permit: $ 6% of Site Improvement Cost
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $ 1,453.00
e. Power Cost: $ 75.00 per street light
f. Map Checking Fees: $N/A
g. Park Fees: $N/A
Bonds:
a. Faithfull Performance Bond: 100% of Off-site and On-site Improvements
b. Labor& Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
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.
22. 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.
Resolution 6040 09-U-00 June 26, 2000
Page 5
23. DEDI ATI F WA INE
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with California Water Company for water service to the
subject development.
24. BEST MANAGEMENT PR.ACTICES
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.
� 25. RECYCLING PROGRAM
� The applicant shall develop an onsite recycling program, which shall be approved by the Public
Works Department.
PASSED AND ADOPTED this day of 26`'' day of June, 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: Doyle, Kwok, Stevens
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Corr, Chairperson Harris
ATTEST. �PROVED:
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Steve Piasecki ��erry Stev ns, Vice Chairperson
Director of Community Developement Cupertino Planning Commission
g/planning/pdreport/res/res09U00