Reso 6104 08-U-O 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6104
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING
SINGLE-FAMILY RESIDENCE AND CONSTRUCT NINE SINGLE-FAM�LY
� TOWNHOUSES ON 1.04 NET ACRES AT 20075 DE PALMA LANE
SECTION I: FINDINGS
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
' 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.
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 is hereby recommended for approval, 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. 08-U-O 1 as set forth in
the Minutes of the Planning Commission Meeting of September 10, 2001, and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 08-U-O 1 and 14-EA-01
Applicant: R&Z Development
Location: 20075 De Palma Lane
Resolution No. 6104 08-U-01 September 10, 2001
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on exhibits titled: "CAMPO de LOZANO: Between Rodrigues Avenue
and 20075 De Palma Lane, Cupertino, California" consisting of 18 pages labeled: C, A, Site
Plan, S, elevations, 1 through 11, and L, dated July 2001, except as may be amended by the
conditions contained in this resolution.
� 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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� 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,
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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. HOUSING MITIGATION REQUIREMENTS
The applicant shall comply with the requirements of the Housing Mitigation Manual.
4. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil.
5. COVENANT REGARDING PEDESTRIAN PATHWAY EASEMENT
The developer shall record a covenant on each lot to be sold or leased, informing future lot
purchasers or renters of the existence of the pedestrian pathway easement in the area.
6. 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
Cupertino Historical Society if requested by the City.
7. TREE PROTECTION
The applicant is required to retain trees numbered 467, 468, 469 and 481 as identified in the arborist
report titled: "Tree Survey for the Trees Located @20075 De Palma Lane, Cupertino, California",
prepared by Tree Health Professionals, Inc. and dated July 31, 2001. The remaining trees may be
removed without further permits from the City of Cupertino. The retained trees are required to be
protected until natural death. A bond in the amount of $10,000 per tree, for a maximum of $40,000
shall be placed to assure maximum protection of said trees, during construction.
Resolution No. 6104 08-U-01 September 10, 2001
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The tree protection methods outlined in the aforementioned arborist report shall be completed by the
contracting arborist. If no signs of damage or ill health due to construction activities are identified
the bond shall be released. If the tree(s) is irreversibly damaged the bond shall be held and applied
to the installation of the largest replacement tree on the site as recommended by the Internationally
Certified Arborist. If the tree can be repaired by an Internationally Certified Arborist the bond or a
portion thereof shall be applied to its repair.
� The bond may be released following issuance of the occupancy permit and after written
, confirmation by the contracted internationally certified arborist that the trees are healthy. The bond
� shall be forfeited if the health of the trees is compromised. The applicant shall provide staff with a
� copy of the contract between the applicant and an internationally certified arborist. This contract
' shall specify the methods to assure compliance with the July 31, 2001 arborist report. The contract
may include periodic site visits, review of construction drawings, and recommendations on
alternative construction methods for maximum tree preservation.
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
8. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
9. 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.
10. 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.
11. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
12. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
13. 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.
Resolution No. 6104 08-U-O 1 September 10, 2001
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14. 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.
15. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface tlow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are
deemed necessary by the City Engineer. Development in all other zoning districts shall be
served by on site storm drainage facilities connected to the City storm drainage system. I f
City storm drains are not available, drainage facilities shall be installed to the satisfaction oF
the City Engineer.
16. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
17. 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.
18. 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 & Inspection Fees: $ 5% of Off-Site Improvement Cost or $2,268.00
minimum
b. Grading Permit: $ 5% of Site Improvement Cost
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $1,596.75
e. Power Cost: * *
£ Map Checking Fees: $546.25
g. Park Fees: $64,350
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC.
Resolution No. 6104 08-U-01 September 10, 2001
Page -5-
Bonds:
a. Faithful Perforxnance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvements
c. On-site Grading Bond: 100% of site improvements.
-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.
19. 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 azeas.
20. 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.
21. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall
meet Central Fire District standards.
22. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Boazd, for construction activity which disturbs soil. BMP plans shall be included in
your grading and street improvement plans. Erosion and or sediment control plan shall be
provided.
23. DRIVEWAY
Driveways shall conform to City standard details.
24. RECORDATION OF EASEMENTS & AGREEMENTS
Applicant sha11 record appropriate easements, and maintenance and liability agreements
subject to the review and approval of the City Attorney.
Resolution No. 6104 08-U-Ol September 10, 2001
Page -6-
PASSED AND ADOPTED this lOth day of September 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Patnoe, Chen and Auerbach
� NOES: COMMISSIONERS: Chairperson Kwok
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES : APP VED:
Steve Piaseck�i atrick Kwo , Chair
Director of Community Development Cupertino Planning Commission
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