Reso 6381 DIR-2006-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6381
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A REFERRAL OF A DIRECTOR'S MINOR MODIFICATION TO INSTALL A
NEW DRINKING WATER WELL IN AN EXISTING DRINKING WELL STATION
LOCATED AT N. PORTAL AVENUE 100 FEET NORTH OF DRAKE DRIVE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral of a
Director's Minor Modification 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 recommended for approval,
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. DIR-2005-
17 as set forth in the Minutes of the Planning Commission Meeting of March 15, 2006 and are
incorporated by reference as though fully set forth herein.
�
Resolution No. 6381 DIIZ-2006-04 March 15, 2006
Page 2
� SECTION II: PROIECT DESCRIPTION
► Application No.: DIR-2006-04
Applicant: Nelson Lui (California Water Service)
Location: N Portal Avenue, 100 feet north of Drake Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
I
� 1. APPROVED EXHIBITS
Approval is based on the plan set titled: Station 34 Plot Plan and Elevation, dated 9-21-
� 05, except as may be amended by the conditions contained in this resolution.
2. NOISE MITIGATION �
INoise mitigation measures recommended in the Noise Consultant Report for the project
� and its construction shall be provided. In addition, a solid wood fence shall be installed
on the west property line prior to issuance of grading or building permits.
�
� A construction management plan shall be provided for approval by the Director of
Community Development that includes construction hours, truck access, noise
mitigation and dust control measures.
3. TREE PROTECTION AND LANDSCAPING
All the trees shown on the plan set in the vicinity of the new well shall be protected
during construction. Prior to any grading or building permit approval, a tree
protection bond in the amount of $10,000 is required for all protected trees. The bond
shall be released prior to final occupancy subject to a report from the City Arborist
indicating that the trees are in good condition.
Trees shown on the plan set for removal shall be evaluated by the City Arborist to
determine their health and options to removal. The Director of Community
Development shall determine if removal is necessary to implement the project.
Replacement trees shall be required for any tree removal, type and size to be
� determined by the Director of Community Development.
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.
Resolution No. 6381 DIR-2006-04 March 15, 2006
Page 3
PASSED AND ADOPTED this 15�' day of March 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Saadati, Wong, Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Giefer
ATTEST� ROV�D: ,
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Ciddy Wordell Marty Mi hairperson
City Planner Cupertino Planning Commission
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