Reso 6448 U-2006-14
ASA-2006-25
TR-2007-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6448
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT, AN ARCHITECTURAL AND SITE APPROVAL TO
DEMOLISH ONE SINGLE FAMILY RESIDENCE AND CONSTRUCT TWO MIXED
USE BUILDINGS WITH TWO TWO-BEDROOM UNITS AND ONE TWO-BEDROOM
RESIDENTIAL BUILDINGS AND A TREE REMOVAL PERMIT TO REMOVE A
SPECIMEN SIZE BIG LEAF MAPLE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, an Architectural and Site Approval and a Tree Removal, 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; and ..
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Conditional Use
Permits and Variances and the Architectural and Site Review Chapters of the
Cupertino Municipal Code.
3) The location of the tree restricts the economic enjoyment of the property by
severely limiting the use of property in a manner not typically experienced by
owners of similarly zoned and situated property.
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, Architectural and Site Approval
and Tree Removal 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
No. U-2006-14, ASA-2006-25 and TR-2007-01 as set forth in the Minutes of the Planning
Resolution U-2006-14, ASA-2006-25, TR-2007-01 March 13, 2007
Page 2
Commission Meeting of March 13, 2007, and are incorporated by reference as though
fully set forth herein. �
SECTION II: PROTECT DESCRIPTION
Application No.: U-2006-14, ASA-2006-25 and TR-2007-01
Applicant: Terry Brown (Bill Marci)
Location: . 10056 Orange Ave
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Proposed Mixed Use Project for 10056
Orange Ave, Cupertino, CA," consisting of 12 pages stamped "Received Mar 08,
2007, and labeled: A-1 and 1 of 11 to 11 of 11, except as may be amended by the
Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct 1,082 sq. ft. of office space, 1,264 sq. ft. of
commercial space and three residential units.
One two-bedroom unit in Building A 1,826 square feet (including 384 sq. ft. loft
space) and a two-car carport, one two-bedroom unit in Building B 1,392 square
feet living area and 525 square feet garage and one two-bedroom unit in Building
C 1,573 square feet living area (including 155 sq. ft. loft space) and 441 square feet
garage, subject to the following condition:
Building C: Applicant shall provide revised plans for approval by Planning Staff
that show a type of foundation that does not involve extensive trenching. �
3. STORAGE AREA IN BUILDING B
The applicant shall record a covenant that restricts the use of the space to storage
and prohibits the installation of any kind of opening in the south wall of this
space. The precise language will be subject to approval by the Director of
Community Development. Proof of recordation must be submitted to the
Community Development Department prior to final occupancy of the residence.
4. ARCHITECTURAL CHANGES
The applicant shall modify the following:
a. Add an opening/window on the east elevation of Building B.
b. Lower the gable shown on the right hand side of the south elevation on
Building C. This is inconsistent with the rest of the elevations.
5. PAVERS IN PARKING AREAS
The applicant shall provide staff with revised plans for review and approval
showing pavers used in open parking stalls and the carport prior to issuance of
building permits.
Resolution U-2006-14, ASA-2006-25, TR-2007-01 March 13, 2007
Page 3
6. BIKE RACKS
Plans that show bike racks consistent with the Parking Ordinance shall be
provided to the Director of Community Development for review prior to
issuance of building permits.
7. ON-STREET SIGNAGE
A sign shall be designed, installed and maintained, subject to review and
approval of the Public Works Department, limiting parking hours for one on-
street parking stall on garbage pick-up day to accommodate garbage totes.
8. SIGN PROGRAM
A sign program shall be required for the mixed-use buildings on the subject
property.
9. MONTA VISTA DEISGN GUILDELINES
The applicant shall present plans to the Planning Department for review and
approval prior to issuance of building permits that show the following:
o Exterior lights and parking lot lights (if any are proposed)
❑ Tree grates
❑ Exterior trash receptacles
❑ Details of the type of semi-pervious pavers at all the open parking stalls
and the carport.
10. BUILDING COLORS AND MATERIALS �
The applicant shall provide staff with a color and material board for review�and
approval of the building colors and materials. � _
11. MAINTENANCE AGREEMENT �
The applicant shall record a maintenance agreement subject to the approval of
the City Attorney for the maintenance of the common driveway by the property
owners of each of the lots.
12. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running
with the land, subject to approval of the City Attorney, for all parcels that share a
common private drive or private roadway with one or more other parcels. The
deed restriction shall provide for necessary reciprocal ingress and egress
easement to and from the affected parcels. The easements shall be recorded prior
to issuance of building permits.
13. RECIPROCAL PARKING AND PEDESTRIAN EASEMENT
The applicant shall record a reciprocal parking easement and a pedestrian
easement among the three properties in this project subject to the approval of the
City Attorney prior to issuance of building permits.
14. PARKING SIGN
Parking signs shall be installed at each of the spaces designated for office use
clearly identifying them as such, subject to the approval of the Traffic
Resolution U-2006-14, ASA-2006-25, TR-2007-01 March 13, 2007
Page 4
Engineering Department.
15. TREE MITIGATION
The applicant shall plant two trees as indicated on the plans. One 48-inch box
native oak tree in the planter in the right-of-way and one 24-inch box big leaf
maple tree in the landscape planter toward the rear of the property, as indicated
on the plans. The applicant shall record a covenant running with the land subject
to the approval of staff to protect the oak tree to be planted on Lot 2.
The applicant shall provide engineering drawings and plans to accommodate the
arborist's recommendations with regard to the curb, gutter and sidewalk around
the oak tree, subject to review by the Public Works Department.
16. TREE MAINTENANCE
The property owners shall maintain the two oak trees in the city's right-of-way
and the oak tree on the property. The language of this agreement shall be to the
satisfaction of the Director of Community Development and said agreement shall
be recorded prior to issuance of final occupancy.
17. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $25,000 to
ensure protection of the oak tree on the site prior to issuance of grading,
demolition or building permits. The bond shall be returned after completion of
construction, subject to a letter from the City arborist indicating that the trees are
in good condition.
18. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
19. OFF SITE IMPROVEMENTS
Curbs and gutters, sidewalks, streetlights, street widening and related structures
shall be installed in accordance with grades and standards as specified by the
City Engineer.
Resolution U-2006-14, ASA-2006-25, TR-2007-01 March 13, 2007
Page 5
If street lighting is required, 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.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City as required.
21. 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.
22. 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 maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
23. 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.
24. 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�round 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.
25. 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 under
grounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
Fees:
a.Checking&Inspection Fees: $6% of On-Site Imp. Cost or$2,060.00 min.
b. Grading Permit: $5% of Imp. Cost(Res.) or $2,194.00 min.
$6% of Imp. Cost(Comm.) or$3,540 min.
c. Development Maintenance Deposit: $1,000.00
d.Storm Drainage Fee: $520.33
e. Power Cost: **
Resolution U-2006-14, ASA-2006-25, TR-2007-01 March 13, 2007
Page 6
f. Map Checking Fees: N/A
g. Park Fees: $11,250.00
Bonds (Required):
a. On-Site Improvements Bond: 100% Performance Bond
b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material
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
26. 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.
27. TRANSFORMERS r .
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall �e screened with fencing and landscaping or located
underground such that said equipment is not visible from public street areas:
28. BEST MANAGEMENT PRACTICES .
Utilize Best Management Practices (BMI''s), as required by the State Water
Resources Control Board, for construction activity,which disturbs soiL
29. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard
within the City's right of way. The applicant and the City must enter into a
recorded agreement for this aforementioned work.
30. GARBAGE AND RECYCLING
The applicant will be required to gain approval from the Environmental
Programs Department prior to obtaining a building permit for the overall
garbage and recycling of the subject development.
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
~-�2�Cl. C� L�c u c�
Ralph Qualls,Director of Public ks
City Engineer CA License 22046
Resolution U-2006-14, ASA-2006-25, TR-2007-01 March 13, 2007
Page 7
PASSED AND ADOPTED this 13th day of March 2007, 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 Giefer, Vice Chair Chien, Miller,
Wong, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST APPROVED:
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Steve Piasecki ' a Gie , h`ir
Director of Community Development Planning Commissi n
G:IPlanninglPDREPOR71RES120061 U-2006-14 res.doc