Reso 6426 ASA-2006-17
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6426
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE REVIEW FOR AN APPROXIMATELY
3,863 SQUARE FOOT, ONE-STORY MULTI-PURPOSE BUILDING AT AN EXISTING
CHURCH LOCATED AT 20900 MCCLELLAN ROAD
SECTION II: PROIECT DESCRIPTION
Application No(s): M-2006-04
Applicant: Daryl Hawkins
Location: 20900 McClellan Road
SECTION II: FINDINGS
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 proposal, 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 proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. Abrupt changes in building scale are avoided and a gradual transition related to
height and bulk is achieved;
4. Design harmony between new and existing buildings is protected through the use of
consistent or compatible design and color schemes;
5. The new development is designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
Resolution No. 6426 ASA-2006-17 October 10, 2006
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application 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 ASA-2006-17
set forth in the Minutes of the Planning Commission meeting of, October 10, 2006, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the plan set titled, "NEW LIFE
CHURCH/CUPERTINO CHURCH OF THE NAZARENE/ 20900 McClellan Rd.,
Cupertino, CA 95014", consisting of five sheets dated 08/07/06, 08/26/06 and
08/28/06 labeled: A-1 through A-5, except as may be 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 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. LANDSCAPING:
Applicant shall fill the gaps in the shrubby perimeter landscaping with like shrubs.
4. ROOFTOP EQUIPMENT:
All rooftop equipment shall be screened from public view by the building parapet. The
Director of Community Development may approve a higher building parapet to achieve
this equipment screening.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT.
5. TRASH ENCLOSURE:
The trash enclosure shall be enlarged, modified or rebuilt to accommodate, at a
minimum the following containers:
Resolution No. 6426 ASA-2006-17 October 10, 2006
Page 3
1 - 3 yard garbage container (4' x 7')
1 - 3 yard cardboard container (4' x 7')
3 - 96 gallon recycling containers (2.5' x 3' each)
In addition, a roof is required over the trash enclosure. The interior height of the
enclosure must be a minimum of 8 feet. The floor of the enclosure shall not drain to
cause any storm runoff to the adjacent pavement or to allow run-on of storm water into
the enclosure. Construction plans shall be reviewed and approved by the Director of
Public Works.
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications as required by the City Engineer.
7. 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.
8. 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.
9. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
10. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type
approved by the City in accordance with Ordinance No. 125.
11. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits may
be required. Please contact Army Corp of Engineers and/or Regional Water Quality
Control Board as appropriate.
12. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Pre and Post-development calculations must be provided to identify if storm drain
facilities need to be constructed or renovated.
Resolution No. 6426 ASA-2006-17 October 10, 2006
Page 4
. 13. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City and
Santa Clara County Fire.
14. 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. Ordinance No. 331 requires all overhead lines to be
under�rounded whether the lines are new or existin�. The developer shall submit
detailed plans showing utility underground provisions. Said plans shall be subject to
prior approval of the affected Utility provider and the City Engineer.
15. 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 & Insp. Fees: Greater of $3,540. min. or 6% of Improvement
Cost
b. Grading Permit: Greater of $2,060. min. or 6% of Improvement
Cost
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $6,428.61
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: N/A
Bonds:
a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100%
Performance Bond
-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.
** Developer is required to pay for one-year power cost for streetlights.
Resolution No. 6426 ASA-2006-17 October 10, 2006
Page 5
16. 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.
17. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. Of this
resolution conform to generally accepted engineering practices
�.�4 C.0 � u C.� s
Ralph Qualls,Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 10th day October 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, Wong, Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Saadati
ATTEST: APPROVED:
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Steve Piasecki E Mari-��}ler, Chair
Director of Community Development Planning Commission
G:Planning/PDREPORT/RES/2006/ASA-2006-17 res.doc