Reso 6387 i
� U-2006-03
CITY OF CUPERTINO
i 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6387
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
( RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING
53,890 SQUARE FOOT, SINGLE-STORY STORAGE FACILITY AND CONSTRUCT A
155,253 SQUARE FOOT, THREE-STORY STORAGE FACILITY ACCESSED FROM
' VALLEY GREEN DRIVE (PUBLIC STORAGE).
►
( SECTION I: FINDINGS
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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
f 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; and
3) The proposed development is consistent with the North De Anza Boulevard
Special Center area.
NOW, THEREFORE, BE IT RESOLVED:
i
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
I
� 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. U-2006-03 as set forth in the Minutes of the Planning Commission Meeting of May
9, 2006, and are incorporated by reference as though fully set forth herein.
Resolution No. 6387 U-2006-03 May 9, 2006
Page 2
�
! SECTION II: PROIECT DESCRIPTION
� Application No.: U-2006-03 (EA-2006-06)
Applicant: Timothy Reeves (Public Storage)
Location: 20565 Valley Green Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
� 1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits submitted by RHL Design
� Group, Inc. dated March 21, 2006, consisting of 21 sheets including a Site Plan,
Floor Plans, Elevations, Colored Elevations, and Preliminary Landscape Plan,
except as may be amended by the Conditions contained in this Resolution.
' 2. DEVELOPMENT APPROVAL
Approval is granted to construct two new three-story buildings consisting of
� 74,511 square feet for Building A and 80,742 square feet for Building B for use as
( a mini-storage facility.
3. PARKING �
The applicant shall provide a minimum of 80 parking spaces on site, in
accordance with the parking study prepared on March 20, 2006 by TJKM
Transportation Consultants.
4. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be
reviewed and approved by the Design Review Committee (DRC) that:
a. Provide additional trees within the landscape area on the Cal Trans
Interstate 280 right-of-way adjacent to the northern property line of the
project site. The applicant shall work with Cal Trans to secure approval
for planting of these trees along the project site on Cal Trans property.
b. Provide additional trees within the planter areas on site and around the
I perimeter of the site to mitigate the privacy impacts of the project from
the adjacent residential neighborhoods.
� c. Provide landscaping along the masonry wall separating the project site
I from adjacent residential uses. Landscaping shall consist of a combination
of trees, shrubs and/or climbing vines that will enhance the privacy
I screening for the adjacent residential uses.
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Resolution No. 6387 U-2006-03 May 9, 2006
Page 3
5. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan
shall be prepared by a certified arborist for the trees to be retained. In addition,
the following measures shall be added to the protection plan:
➢ For trees to be retained, chain link fencing and other root protection shall
be installed around the dripline of the tree prior to any project site work.
➢ No parking or vehicle traffic shall be allowed under root zones, unless
M using buffers approved by the Project Arborist.
➢ No trenching within the critical root zone area is allowed. If trenching is
' needed in the vicinity of trees to be retained, the City's consulting arborist
� shall be consulted before any trenching or root cutting beneath the
dripline of the tree.
� ➢ Wood chip mulch shall be evenly spread inside the tree projection fence to
a four-inch depth.
� ➢ Tree protection conditions shall be posted on the tree protection barriers.
➢ Retained trees shall be watered to maintain them in good health.
, ➢ A covenant on the property shall be recorded that identifies all the
' protected trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
inspect the trees to be retained and shall provide reviews before building permit
stage, during construction and before final occupancy of the garage. A report
ascertaining the good health of the trees mentioned above shall be provided
prior to issuance of final occupancy.
6. TREE PROTECTION BOND
All trees that are not required to be removed shall be covered by a tree protection
bond. A tree protection bond in the amount of $50,000 shall be provided prior to
issuance of demolition or building permits.
7. LANDSCAPE REVIEW
The applicant shall submit a comprehensive landscaping plan, including water
� conservation and pesticide reduction measures, in conformance with Chapter
14.15, Xeriscape Landscaping and the pesticide control measures referenced in
� Chapter 9.18, Stormwater Pollution Prevention and Wartershed protection, of the
�
City Municipal Code.
� 8. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed
� project. The number of bicycle parking spaces and location of bike racks shall be
` determined by the Director of Community Development.
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Resolution No. 6387 U-2006-03 May 9, 2006
Page 4
9. UNUSED BUILDING MATERIALS
In lieu of disposing of unused building materials for the construction of the
project, the applicant shall be required to recycle the unused building materials.
10. BUILDING MATERIAL RECYCLING
The existing building and site materials shall be recycled to the maximum extent
possible subject to the review by the Building Official. Proof of recycling shall be
submitted to the City for review prior to final occupancy.
11. DEMOLITION REQUIREMENT
All existing structures on the site shall be removed prior to or concurrently with
� project construction. The developer shall assume the responsibility to obtain all
�
required demolition permits in accordance with City Ordinances. The applicant
shall agree to site inspection by the Historical Society if requested.
12. MASONRY WALL
A six-foot masonry wall shall be provided on the project's mutual boundary with
residentially zoned or used property. Said wall shall be at least six feet in height
as measured from highest adjoining grade; greater height may be required if the
project creates noise impacts that will require an acoustical consultant report.
13. SCREENING '
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. Screening materials/colors shall match building features and
materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. The location of equipment
and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
14. TRASH AND DELIVERY ACTIVITIES
A detailed refuge and truck delivery plan must be prepared by the applicant.
The plan shall specify locations of trash facilities, refuge pick up schedules and
truck delivery schedules and routes. All trash facilities must be screened and
� enclosed to the satisfaction of Public Works Department. The final plan shall be
submitted to the City for review and approval prior to issuance of building
' permits.
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Resolution No. 6387 U-2006-03 May 9, 2006
Page 5
15. CONSTRUCTION MANAGEMENT PLAN
A comprehensive construction operation plan must be submitted to the City for
review and approval prior to issuance of grading and building permits
addressing the following:
➢ Staging area
➢ Tree protection
➢ Construction hours and limits
➢ Construction vehicle and truck routes
➢ Dust and erosion control
➢ Garbage and debris container location and pick up schedule
� ➢ Signage advising contractors of the restrictions
➢ Construction equipment and construction vehicle parking locations
In addition to the construction management plan described above, the following
additional construction activity limitations apply:
➢ No grading is allowed during the rainy season- October through April. 5
➢ On Saturdays, grading, street construction, demolition, underground utility
work and other construction work that directly involves motorized
vehicular equipment are prohibited.
➢ On Sundays, construction is prohibited.
➢ Staging of construction equipment shall not occur within 250 feet of
residential property
16. 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.
17. SIGNAGE
Signage is not approved with this permit application. Signage shall conform to
the City Sign Code.
( 18. RECYCLING FACILITIES
The developer shall make provisions for recycling facilities, which shall be in
accordance with Chapter 19.81 of the Cupertino Municipal Code.
Resolution No. 6387 U-2006-03 May 9, 2006
Page 6
19. PUBLIC ART
Prior to occupancy, the applicant shall set aside .25% (up to $100,000) of the total
project budget for on-site art. The plan shall be reviewed and approved by the
Fine Arts Commission and installed prior to issuance of final occupancy permits.
20. PERVIOUS PAVERS
The applicant shall install pervious pavers in lieu of asphalt pavement on site, if
they are in compliance with Fire Department requirements.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
21. BEST MANAGEMENT PRACTICES
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 building plan submittals.
22. EROSION CONTROL PLAN
The applicant must provide an erosion control plan with the building permit �
submittals. The City must approve this plan prior to the commencement of any
construction on site. .
23. BUILDING PERMIT APPLICATION
The applicant will be required to obtain Public Works Department approval for
any on site construction via the building permit process. A storm drain fee of
$4,013.40 would be required in addition to the standard fees assessed in
accordance with the Public Works Department review.
24. DRAINAGE
All drainage shall be provided to the satisfaction of the City Engineer.
25. ABANDONED WATER WELLS
The property owner shall seal abandoned or unused water wells if the City, after
consultation with the Santa Clara Valley Water District, determines that said
abandoned or unused water wells have a potential to contaminate the water
supply.
26. SANITARY DISTRICT
The applicant shall be required to comply with the requirements of the
Cupertino Sanitary District, which shall include the following:
a. Abandonment of the existing sewer service for the project site to the
property line. The abandonment plans shall be submitted to and
reviewed by the Sanitary District.
b. Additional Sanitary District fees and/or permits shall be required for the
proposed improvements.
Resolution No. 6387 U-2006-03 May 9, 2006
Page 7
c. Improvement plans for the subject property shall be reviewed by the
District. A District Plan Checking and Inspection Deposit may be
required.
PASSED AND ADOPTED this 9th day of May 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, Vice Chair Giefer,Saadati, Wong
Chien
� NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
�
,
Steve Pia cki Marty •, hairperson
Director of Community Development Planning Co ission
G:�Planning�PDREPORT�RES�2006�U-2006-03 res.doc