Reso 6384 i
; M-2006-01
� CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6384
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT FOR AN
APPROXIMATE 3,600 SQUARE FOOT ADDITION TO AN EXISTING OFFICE
` BUILDING AND EXTERIOR AND SITE MODIFICATIONS
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SECTION I: FINDINGS FOR USE PERMIT
� 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
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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
j 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 Modification of a Use Permit is hereby
recommended for approval, subject to the conditions which are enumerated in this
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Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this
resolution are based are contained in the public hearing record concerning Application
No. M-2006-01, as set forth in the Minutes of the Planning Commission Meeting of �
March 28, 2006, and are incorporated by reference as though fully set forth herein.
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Model Resolution No.6384 M-2006-01 March 28, 2006
Page 2
SECTION II: PROTECT DESCRIPTION
Application No(s): M-2006-01
Applicant: Steve Yang
Location: 10062 Miller Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
I DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
i The recommendation of approval is based on the exhibits labeled, "Expansion &
Face-lift for an Office Building, 10062 Miller Avenue, Cupertino, California 95014",
consisting of eight sheets dated 3/22/06 labeled: A-1 - A-2, ONE, A-3-A-7, except
j as may be amended by the conditions contained in this resolution.
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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. TREE REMOVAL:
No trees are approved for removal as part of this application. Any future tree
removal must obtain proper review and approval from the Planning Department.
4. LANDSCAPING:
A revised landscaping plan must be submitted and approved by the Planning
� Department prior to issuance of any building permits. The landscaping plan must
indicate landscaping enhancements by deleting up to six parking stalls and
additional screen trees along the southeast corner of the property and around the
new trash facility
5. TRASH ENCLOSURE:
The proposed trash enclosure shall be enlarged to be able to house the following:
1 -3 yard garbage bin (4' x 7')
I 1 -3 yard cardboard bin (4' x 7')
Model Resolution No.6384 M-2006-01 March 28, 2006
Page 3
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� 3 - 96 gallon toters for recycling (2.5' x 3')
� In addition, a roof is required over the trash enclosure. The interior height of the
enclosure must be a minimum of 9 feet and there must be 1.5 feet between the
containers to allow access to the bins. The trash facilities shall be enclosed by a
masonry wall or similar solid material. The final trash enclosure design shall be
reviewed and approved by the Director of Community Development prior to
issuance of any building permits.
6. ROOFTOP EQUIPMENT:
All rooftop equipment shall be completely screened from street view by the
' building parapet. The Director of Community Development may approve a higher
building parapet to achieve this equipment screening.
7. ENCROACHMENT PERMIT:
M An encroachment permit will be required for all work within the City's ROW,
which includes removal of a driveway and the addition of curb and gutter. A cost
� estimate must be provided for this work.
� 8. PAVERS:
The applicant/owner shall install pavers (instead of AC pavement) over the new
bicycle facility area along Richwood Court to increase permeability. Improvement
plans must be submitted to reflect this condition prior to the issuance of building
permits to the satisfaction of the Director of the Public Works Department.
9. AUTOMATIC SPRINKLERS:
The existing building fire sprinkler system shall be modified to accommodate the
new building design. A State of California licensed fire protection contractor shall
submit plans, calculations, a completed permit application and appropriate fees to
the Fire Department for review and approval prior to issuance of building permits.
10. FIRE DEPARTMENT KEY BOX:
The building shall be equipped with a permanently installed emergency access key
' lock box (Knox), conforming to Fire Department Standard Detail and Specification
sheet K-1. At time of final inspection, access keys shall be provided to the fire
' department.
� PASSED AND ADOPTED this 28th day March 2006, at a Regular Meeting of the
� Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
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Model Resolution No.6384 M-2006-01 March 28, 2006
Page 4
AYES: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati, Wong
Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: CO MISSIONERS: none
ATTEST: P OUE '�- `
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Steve Pias i Marty�M Chairperson
Director of Community Development Planning Commission