EXT-2013-01b CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014(408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Cominissioners �/j
��
From: Aarti Shrivastava, Director of Community Development �� �`�
Prepared by: George Schroeder,Associate Planner
Date: September 19, 2013
Subject: Extension request, EXT-2013-01, for a period of 2 years for a previously approved Use
Permit (U-2010-02) to allow a day care center and an Extension request, EXT-2013-01,
for a period of 1 year for a previously approved Tree Removal Permit (TR-2011-09) to
allow the removal and replacement of 3 trees in conjunction with parking lot and
landscaping improvements at a day care center (O-Mei Academy) located at 10070
Imperial Avenue.
Chapter 19.12 of the Cupertino Municipal Code allows for administrative
approval of time extensions of expiring permits and other entitlements. The
Director reports his decision to the City Council and Planning Commission in
time to allow an appeal of the decision within fourteen calendar days.
DISCUSSION
On June 15, 2011, the Planning Commission approved a Use Permit (U-2010-02) and Tree
Removal Permit(TR-2011-09) to allow a day care facility with associated site improvements and
tree removals at 10070 Imperial Avenue. The development approvals were valid until June 14,
2013 (see Attachment A).
The property owner filed an extension request on June 10, 2013, prior to the expiration of the
development approvals. In a letter asking for the extension (Attachment B), the owner notes
delays in obtaining the necessary utility company approvals to relocate the existing power pole
in conjunction with widening the driveway entrance into the property, required by Condition
#4 of U-2010-02.
The property owner has requested a 2-year extension of the Use Permit approval and a 1-year
extension of the Tree Removal Permit approval, which is the maximum period that can be
granted by the Community Development Directar. As a prerequisite of this extension approval,
the property owner has provided a compliance schedule (Attachment C) with the items needed
to vest the permits, including, but not limited to applying for and obtaining a building permit,
constructing the improvements, and fulfilling the other conditions of approval priar to final
occupancy. A condition of approval requires the property owner to obtain the building permit
1
EXT-2013-01
Extension of O-Mei Academy Use Permit Page 2
within 6 months of the effective date of this extension approval. In addition, the conditions of
approval and construction improvements for U-2010-02 and TR-2011-09 shall be satisfactorily
completed prior to their extension approval.
ACTION
T'he Director of Community Development approves the extension application, file no. EXT-
2013-01 with the following conditions of approval:
1. EXTENSION OF EXPIRATION PERIOD
The expiration period of application file no. U-2010-02 is hereby extended for a period of
two (2) years, expiring on June 14, 2015. The expiration period of application file no. TR-
2011-09 is hereby extended for a period of one(1)year, expiring on June 14,2014.
The required construction improvements and other conditions of approval of U-2010-02
shall be satisfactorily completed prior to June 14, 2015. T'he required tree replacements and
other conditions of approval for TR-2011-09 shall be satisfactorily completed prior to June
14, 2014.
2. CONDITIONS OF APPROVAL
All conditions of permit approvals for U-2010-02 and TR-2011-09 shall remain in effect
through the extension period.
3. BUILDING PERMIT(S)
The property owner shall obtain the necessary building permit(s) from the City
within 6 months of this extension approval, by March 19, 2014. This extension
approval, as well as the Use Permit and Tree Removal Permit approvals shall
become null and void if property owner lets the building permit(s) expire.
4. INDEMNIFICATION
To the extent perxnitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this ordinance or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys' fees and costs incurred in defense of the litigation. The City may,
in its sole discretion, elect to defend any such action with attorneys of its choice.
5. 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
EXT-2013-01
Extension of O-Mei Academy Use Permit Page 3
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.
This approval of the extension request is effective September 19, 2013. The fourteen calendar
day appeal period will expire on October 3, 2013.
Attachments:
A: Planning Commission action letter dated June 15,2011 with conditions of approval for U-
2010-03 and TR-2011-09
B: Letter from the property owner dated August 22, 2012
C: Compliance schedule dated September 10, 2013
G:\Planning\PDREPORT\EXTreports\2013\EXT-2013-01.doc
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City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408} 777-3251
C U P E RT 1 N O FAX(408) 777-3333
Community Development Department
June 15,2011
Tony Chen
44593 Japala Place
Fremont,Ca. 94539
SUBJECT: PLANNING COMMISSION ACTION LETTER-U-2010-02,TR-2011-09
This letter confirms the decision of the Planning Commission, given at the meetiing of June 14, 2011,
approving a Use Permit to allow a day care facility at an existing 5,600 square foot commercial office
building and an Tree Removai Permit approval to allow the removal and replacement of three trees in
conjunction with parking lot and landscaping improvements for the new day care facility, located at
10070 Imperial Avenue,according to Planning Commission Resolution No.(s) 6642 and 6643.
Please be aware that if this Permit is not used within a two-year period,it shall expire on June 14,2013.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
George Schroeder
Assistant Planner
Plannuig Department
Enclosures: Resolution 6642 and 6643
CC: Yunjian Zou,45l Los Coches Street,Milpitas CA 95035
g:/ylanning/post Mearittg/acrionletterU-2010-02,TR-2071-09
u-zolao2
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6642
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A DAY CARE CENTER AT AN EXISTING 5,600 SQUARE
FOOT COMMERCIAL BUILING LOCATED AT 10070 IMPERIAL AVENUE
SECTION I: PRO]ECT DESCRIPTION
Application No.: U-2010-02
Applicant/property owner: Tony Chen and Yunjian Zou (O-Mei Taichi Culture Academy),Charles
Chan
Location: 10070 Imperial Avenue(APN: 35717 066)
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
as described in Section I. of this Resolution;and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino,and the Planning Commission has held at least one public hearing in regard to the
application;and
WHEREAS,the applicant has met the burden af proof required to support said application;and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) 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;
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution begistning on
PAGE 2 thereof,:
1. The application for a Use Permit,Application no. U-2010-02 is hereby approved,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-2010-02 as set forth in the
Minutes of Planning Commission Meeting of June 14,2011, and are incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on Exhibits titled "Revised Business Plan" prepared by the applicant
consisting of five pages; "OMei Learning Center Conditional Use Permit, 10070 Imperial Avenue,
Resolution No.6642 U-2010-02 June 14,2011
Cupertino, CA 95014," prepared by Arun Shah and Associates dated July 8, 2010 wikh revision dates
of March 9, 2011 and May 24, 2011 consisting of 8 pages; "OMei Learning Center Landscape Plan,
10070 Imperial Avenue, Cupertino, CA;' prepared by W. Jeffrey Heid dated January 26, 2011 and
consisting of one page; and "Untitled Lighting Plan;' prepared by Elite Energies, Inc. consisting of
one page,except as may be amended by the Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted for a child care facility with 40 total enrolled children. Any changes in the
operation parameters outside of this approval must be reviewed and approved by the City.
Planning Staff has the ability to approve minor modifications to the business plan as long as the
changes are consistent with any applicable Building and/or Fire Codes (including but not limited to
accessibility,fire safety,and building occupancy and other appropriate agencies).
In the event that a pre-school is opened, when children younger than four (4) years nine (9) months
are enrolled, and/or if the business loses its Hertiage School Designation, the business owner shall
obtain the proper licensing from the State of California Community Care Licensing Division and
notify the City Planning Division.
3. CONCURRENT APPROVAL CONDTTIONS
The conditions of approval contained in file no.TR-2011-09 shall be applicable to this approval.
4. DRIVEWAY WIDENING
Prior to final occupancy of the day care, the applicant shall widen the driveway along Imperial
Avenue to at least 22 feet, which includes, but not limited to removing power poles, the utility box,
and/or street light.
5. TOTAL AVAILABLE PARKING
The site shall provide a minimum of 13 available parking stalls. The stalls perpendicular to the play
area shall be reserved for pick up and drop off with appropriate signage.
The applicant shall inform parents that off-site parking is not allowed. Parking in the on-street stalls
in front of the building is permitted.
6. CHILD PICK-UP AND DROP-OFF PLAN
In order to ensure the safety of children and vehicle movements during the pick-up and drop-off
periods of the day care, the applicant shall submit a children pick-up and drop-off plan to the City
for review and approval prior to the release of final occupancy. Such plan shall delineate general
pedestrian/vehicular safety guidelines for parents, appropriate directional signs/parking lot
striping (as needed) and parking lot safety measures to include a traffic safety conductor be present
in the parking lot to monitor and direct all vehicular activities during pick up and drop off times.
In the event that the pick-up and drop-off schedule changes, the applicant must submit a revised
plan to the City for approval.
7. NOISE CONTROL
The outdoor play area schedule shall be limited as indicated in the Business Pian. Noise levels shall
not exceed those as listed in Chapter 10.48 of the Cupertino Municipal Code.
8. FINAL TRASH ENCLOSURE LOCATION
The trash enclosure shall be relocated to the southeast corner of the building in order to be
minimally visible from public view.
Resolution No.6642 U-2010-02 June 14,2011
9. FINAL SITE LIGHTING PLAN
All new lighting must conform to the standards in the General Commercial (CG) Ordinance,and the
final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance.
10. FINAL LANDSCAPE PLAN
Prior to issuance of building permits, the applicant shall submit a final landscaping plan in
conformance with the City's Landscape Ordinance (Chapter 14.15). If the landscaping area (defined
by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per
section 14.15.040 is required prior to issuance of building permits.
I1. FINAL FENCING DESIGN
The final play area fencing design shall be subject to the approval of the Community Development
Director prior to issuance of building permits.
12. BUSINESS LICENSE
Prior to final occupancy, the business owner shall update the information provided on the City
business license to include day care/after school uses.
13. EXPIRATION DATE
If the use for which this conditional use permit is granted and utilized has ceased or has been
suspended for one year or more, this permit shall be deemed expired and a new use permit
application must be applied for and obtained.
14. RECYCLING OF DEMOLISHED BUILDING MATERIALS
A condition will be added to require recycling of demolished building materials to the maximum
extent possible.
15. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
issuance of building permits.
16. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director, substantial evidence indicates that the conditions of the conditional use
permit have not been implemented, or where the permit is being conducted in a manner detrimental
to the public health,safety,and welfare,in accord with the requirements of Chapter 19.124.
17. 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
6b020,you will be legally barred from later challenging such exactions.
Resolution No.6642 U-2010-02 June 14,2011
SECTION N: CONDITIONS ADMINISTERED BY THE BUILDING DIVISION
1. ACCESSIBLE PATH OF TRAVEL
An accessible prixnary path of travel shall be shown from each accessible parking stall to an
accessible entrance into the building.
2. EXTTING
Two reasonably separated exits are required from the outdoor play area equipped with panic
hardware.
SECTION V: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
2. 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.
3. 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.
4. 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.
5. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre-and post-
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include,but is not
limited to,subsurface storage of peak stormwater flows(as needed),bioretention basins,vegetated
swales,and hydrodynamic separators to reduce the amount of runoff from the site and improve
water quality.The storm drain system shall be designed to detain water on-site(e.g.,via buried
pipes,retention systems or other approved systems and improvements) as necessary to avoid an
increase of one percent flood water surface elevation of the culvert to the satisfaction of the City
Engineer.
6. 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. 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.
Resolution No.6642 U-2010-02 June 14,2011
7. BICYCLE PARKING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
8. 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
a. Fees:
b. a.Checking&Inspection Fees: $Per current fee schedule ($2,468.00 or 5°�)
c. b. Grading Permit: $Per current fee schedule ($2,217.00 or 5°�)
d. c.Development Maintenance Deposit: $1,000.00
e. d.Storm Drainage Fee: $TBD
f. e.Power Cost: "*
g. f. Map Checking Fees: $Per cunent fee schedule(N/A)
h. g. Park Fees: $Per current fee schedule(N/A)
i. h.Street Tree By Developer
j. ** Based on the latest effective PG&E rate schedule approved by the PUC
k. Bonds:
1. Faithful Performance Bond:100°� of Off-site and On-site Improvements
m. Labor&Material Bond:100% of Off-si#e and On-site Improvement
n. On-site Grading Bond: 100°h of site improvements.
o. -The fees described above are imposed based upon the cunent 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.
9. 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. The transformer shall not be located in the front or side building
setback area.
10. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,
for construction activity, which disturbs soil. BMP plans shall be included in grading and street
improvement plans.
11. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the developer
must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm
Water Pollution Prevention Plan(SWPPP),use of construction Best Management Practices (BMPs) to
control storm water runoff quality,and BMP inspection and maintenance.
12. C.3 RE UIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F.or
more of impervious surface (collectively over the entire project site). 'fhe developer shall reserve a
minimum of 4% of developable surface area for the placement of low impact development measures,
Resolution No.6642 U-2010-02 June 14,2011
for storm water treatment,on the tentative map,unless an alternative storm water treatment plan, ,
that satisfies C.3 requirements,is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm water
treatment Best Management Practices (BMPs),which must be designed per approved numeric sizing
criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm
Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and
maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
13. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil Engineer. This
plan should include all erosion control measures used to retain materials on site. Erosion control
notes shall be stated on the plans.
14. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the tirnetable for all
grading/erosion control work in conjunction with this project.
15. OPERATIONS &MAINTENANCE AGREEMENT
The developer shall enter into an Operations&Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include,but is not limited to,sidewalk,
pavers,and street lights.
16. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
17. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit.
18. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
19. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
20. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
21. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits.
22. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Departrnent as
needed.
Resolution No.6642 U-2010-02 June 14,2011
23. SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before issuance of a building permit approval.
24. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreement with San Jose Water Company for water service to the subject
development.
25. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
26. UTILTTY EASEMENTS
Clearance approvals from the agencies with easements on the property(including PG&E,PacBell,
and California Water Company,and/or equivalent agencies)will be required prior to issuance of
building permits.
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. INTERIOR REMODEL
A review by the County Fire Department of any such interior remodel construction is required.
2. INSPECTION
The County Fire Department shall inspect the premises for compliance with applicable State
requirements.
SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
3. SANTTARY SEWER SYSTEM
Sanitary sewer is currently available for the subject parcel.
4. IMPROVEMENT PLANS
Improvement plans shall be submitted to the District for review and comments.
5. FEES AND PERMITS
Cupertino Sanitary District fees and permits will be required.
PASSED AND ADOPTED this 14th day of June, 2011, Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/s/Ga�Chao /s/Winnie Lee
Gary Chao Winnie Lee,Chair
City Planner Cupertino Planning Commission
TR-2011-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO.6643
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL AND REPLACEMENT OF 3 TREES IN CONJUNCTION WITH
PARKING LOT AND LANDSCAPING IMPROVEMENTS AT A NEW DAY CARE CENTER LOCATED
AT 10070 IMPERIAL AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2011-09
Applicant/property owner: Tony Chen and Yunjian Zou (O-Mei Taichi Culture Academy),Charles
Chan
Location: 10070 Imperial Avenue(APN 357-17-015)
SECTION II: FINDINGS FOR TREE REMOVAL
WHEREAS, the Plannirig Commission of the City of Cupertino received an application for tree removal,
as described in Section I 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 Cominission has held at least one public hearing on this
matter;and
WHEREAS,the Planning Commission finds the following with regard to this application:
1. That the tree or trees are irreversibly diseased, are in danger of falling,can cause potential damage to
existing or proposed essential structures, or interferes with private on-site utility services and cannot
be controlled or remedied through reasonable relocation or modification of the structure or utility
services;
2. That the protected tree(s) are a detriment to the subject property and cannot be adequate�y supported
according to good urban forestry practices due to the overplanting or overcrowding of trees on the
subject property.
NOW,THEREFORE,BE TT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter,subje ct to the conditions which are enumerated in this Resolution beginning on page 2
thereof,:
The application for a Tree Removal Permit, Application no. TR-2011-09, is hereby approved, 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. TR-2011-09 as set forth in the Minutes
of Planning Commission Meeting of June 14, 2011, and are incorporated by reference as though fully set
forth herein.
SECTION III:CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED REMOVALS
The approval is based on the arborist report prepared by Deborah Ellis, Consulting Arborist and
Horticulturist dated December 3, 2010, "10070 Imperial Avenue, Cupertino," except as may be
amended by conditions in this resolution.
Resolution No.6643 TR-2011-09 Apri112,2011
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no.U-2010-02 shall be applicable to this approval.
3. REQUIRED TREE REPLACEMENTS
The applicant shall be required to plant a total of three (3) 24-inch box trees on the property in
accordance with the City's Protected Trees Ordinance. The requixed replacernent trees shall be
planted prior to final occupancy of the project associated with file no. U-2010-02.
4. ADDITIONAL TREE REPLACEMENTS
The Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved
prior to final building approval.
5. 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.
PASSED AND ADOPT'ED this 14� day of June 2011, at a Regular Meeting of the Planning Commission
of the City of Cupertino,State of Califomia,by the following roll call vote:
AYFS: COMMISSIONERS:Chair Lee,Vice Chair Miller,Brophy,Sun,Brownley
NOFS: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
/s/Gary Chao /s/Winnie Lee
Gary Chao Winnie Lee,Chair
City Planner Planning Commission
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George Schroeder
Subject: FW: Update on progress of 10070 Imperial Way
Importance: High
From: Charlie [mailto:charlieC�charliechanusa.com]
Sent: Tuesday, September 10, 2013 5:00 PM
To: George Schroeder
Cc: 'Yunjian Zou'; danielk65C�hanmail.net
Subject: Update on progress of 10070 Imperial Way
Importance: High
Hi George,
Further to our conversation, please see the following schedule:
• 1) Application for building permits --week of September 16'".
• 2) Obtaining building permits- pending approval of application.
• 3) Widening the driveway approach to at least 22 feet and relocating the power pole and other
utilities as needed will be the last phase of construction work, mostly likely within 6 months depending
on when PG&E replies as this requires their crew and will consider another hearing. We are working
on it.
• 4) Interior work to convert the building to an "E" occupancy-will commence upon completion and
approval of exterior by building department.
• 5) Updating business license to include day care/after school uses -will be submitted week of
September 16'".
• 6)The work schedule can be as early as mid-October (pending the approval of the building permit to
commence work) is as follows:
A) Tree removal
B) Digging of asphalt to landscape area for installation of Irrigation System at the far east and
far south side of the property line
C) Improvement of Drain Area on south east corner of property
D) Installation of Iron Wrought Fence
E) Construction of Irrigation System, completion of drain area
F) Construction of Islands for parking lot
G) Planting of Greens
H) Installation of Truncated Domes
I) Marking of parking spaces
J) Construction of Trash Enclos�re
I hope this meets your requirement and will provide you with an update of the other permit process.
All the Best,
Charlie
USA: +1.650.438.4300
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