Reso 4326 28-U-90
� C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cup�stino, California 95014
� R�SOLIJI'ION No. 4326
I
4
OF TI� PLANNIlIG C�M�IISSION OF 'I�E CITY OF CUPEF�I'INO
R�OONIl�IDING APPROVAL OF A USE PEf�IIT TO
CANSTRUGT A 4, 239 SQ. FT. SINGLE FANIILY RESIDII�TCE
IN A PLANNID DEVECOPN�'I' RFSIDIIV'I'IAL ZONE
S�CI'ION I • FIl�IDINGS
I
� Wl�E2EAS, the Plannirig Cannnission of the City of Cupertino received an
application for a Use Permit, as de_scribed on Page 2 of this Resolution;
► �
Wf�2FAS, the applicant has met the kxarden of proof required to support
said application.; and
( Wf��tEAS, the Planning Cc�rYUmission finds that the application meets the
followirig requirements:
a) That the use or use.s are in conformarlce with the General Plan of
( the City of Cupertino, and are not detrimental to existing uses
or to uses specifically pezmitted in the zone in which the
proposed use is to be located.
b) That the property involved is adequate in size and shape to
accoirnnodate the proposed use.
c) That the proposed use will not generate a level of traffic over
and above that of the capacity of the existing street system.
� d) That the proposed use is otherwise not detrimental to the health,
� safety, peace, morals arxl general welfare of persons residirig or
working in the neighborhood of such proposed uses, nor injurious
� to property and improvements in the neighborhood.
( NOW, TH�2EF'ORE, BE IT �2ESOLUID:
That after careful consideration of maps, facts, exhibits, testimony and
� othex evidence sul�nitted in this matter, the application for Use Permit is
hereby recommexxled for approval, subject to the conditions which are
enwn�xated 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 28 U-90 as set forth in the Minutes of the Planning
Coirnnission Meeting of February 11, 1991, and are incorporated by reference
as though fully set forth herein.
Resolution No. 4326 (28-U-90) 02/li/91
Page - 2 -
SECI'ION II• PROJECT DESCRIPTION
Application No. 28-U-90
Applicant Terry Brvwn Construction Campany
Property Owner Carl Brcywn/Martha Kanter
L�oc,ation E. side of Scenic Blvd, 300'N. of Palm
CONDITIONS ADNIINISI'ERID BY TI� PUBLIC WORKS DEPAR'I�'I'
l. STRE��I' WIDEI�TING
Street widenirig, improvements arxi dedications shall be provided in
accordance with City Standards and specifications and as required by
the City �ginePx.
2. C'URB AND GUITF�2 Il�ROVII�1'I'S
Curbs and gutters, sidewalks and related structures shall be installed
in acoordance with grades and standards as specified by the City
�gineer.
3. SIREEI' LIC�iTING INSTALL�ATION
Street lighting shall be installed and shall be as approved by the
City �gineer. 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 maxi7mmi height permitted
by the zone in which the site is located.
4. FIRE HYDRANT
� Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the
City.
6. 5'I'RE��I' TREE'S
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the City in aocordance with Ordinance 125.
The applicant should work with the City �ineer in order to design
the sidewalk and right�f�aay improvements around the speciman sized
Pine tree. The applicant should consult an arborist to determine the
adequate amount of area dedicated to future trunk grawth and continued
good health of the tree.
Resolution No. 4326 (28 U-90) 02/il/91
� Page - 3 -
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7. GRADING
� Grading shall be as approved ar�cl required by the City Engineer in
accordance with Ordinance 125.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City F�zgineer.
� 9. UNDII�GROUND UI'ILITIES
The developer shall com�ly with the requirements of the Underground
i 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 su�anit detailed plans shcxaing utility
underground provisions. Said plans shall be subject to prior approval
► of the affected Utility provider and the City �gineer.
�
10. Il�FZOVIIKII�T AGFtEII�I'I'
( The project developer shall enter into a improvement agreement with
the City of Cupertino providing for payment of fees, including but not
limited to checking and inspec�tion fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreem�nt shall be executed prior to issuance of construction permits.
OONDITIONS ADNII�TISI�2ID BY � OONA�IUNITY DEVEG0�1`I' DEPA�IN�I'
11. REF'EE2El�TCID EXHIBITS
� The rearnrnnendation of appraval is based on sheets 1-3, dated 12/17/90,
except as may be amended by the Conditions contained in this
Resolution
12. MODIFICATION OF APPROVID DEVELrOPN�I' PLAN
I
In the event that the applicant or subsequent property awner shall
desire to make any minor changes, alterations or amenchnent of the
i approved developmPaZt plan, a written request or revised development
plan shall be sukgnitted to the Director of Planning and Development.
If the Director makes a findirig that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said c,harx�es may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Ccmmmission.
If the Director firid.s that the requested changes are material, such
changes shall be referred to the Planning Con�nission for approval. If
the c,hanges are denied by the Planning �ission, the applicant may
appeal to the City Council as provided in City Ordinance No./652.
Resolution No. 4326 (28-U-90) 02/11/91
I Page - 4 -
(
� 13. LANDSCAPE/TREE PROTF)CIZON & SCREII�TING
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A tree protection plan shall be required prior to issunace of lxiilding
pPxmits. Said plan shall include graphic depiction of protection
devices to be installed along the dripline perimeter of each tree for
the duration of construction activities for the three Eucalypus, one
Oak and one Pine in the public right-of�aay. The three Etiicalypus may
be removed after ooc.�upancy of the residenc.e, in ac�cordance with the
� applicable tree removal Ordinance. Prior to first resale, a deed
� restriction shall be recordeds notifying future homeawners of the
requirement to retain the oak tree.
� 14. SEI'BACK/ROOFLINE ADJ[JSIMII�T OPTION
If the developer requests buildirig ��its based on the approved
exhibits described in Condition 11 above, the total floor area shall
( be reduced to c�rply with the FAR stat�d in Sec.-tion 8.2 of Ord. 1449,
and the setbacks shall be revised to comply with Sec.�tions 8.4 through
8.4.2(A) of ordinance 1449 for all portions of the lxiilding exceed ing
20 feet in height as calculated ac�cording to sec.�tion 4.24 of Ordinance
I 1453.
Alternately, the developer may revise the ceiling height of the lower
level to a ceiling height belvw 7 1/2 ft. without adjusting the FAR,
and may adjust the roof pitch to reduce all portions of the building
belc�w 20 ft. in height, thus requiring compliance with first floor
setbacks described in Sec.�tion 8.3 through 8.3.1 of Ord. 1449.
15. ASAC RE�TIEW
� Prior to issuance of the building permits, the developer shall obtain
� ASAC approval of the color palette, building materials and landscaping
materials to screen lcywer level exterior surfaces.
I
PASSID AND ADOP'I� this lith day of February, 1991 at a Re�gular Meetirig of
( the Planning Connnission of the City of Cupertino by the follawing roll
call vote:
� AYFS: COML`�SSIONII2S: Austin, Fazekas, Mahoney, Mann, Chr. Mac3cenzie
NOFS: UONIMISSIONIIZS : None
ABSI'AIl�T: C�OPM�SSIONER.S: None
ABSE�]T: CON�IISSIONER.S: None
ATl'F.SI': APPROVID:
�
RO�'C"t CbW'dTl DOIla Mc3 @T1Z 1@ � ]Y1T1�T1
Director of Planning Cupertino Planning 'ssion
peresos/28 U-90