Reso 4553 6-U-94
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4553
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT FOUR SINGLE FAMILY HOMES AND
REMODEL A SINGLE FAMILY HOME IN A PLANNED DEVELOPMENT ZONING DISTRICT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on
Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to
existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.
b) That the property involved is adequate in size and shape to accommodate 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 and general welfaze of persons
residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the
neighborhood.
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 approved contingent upon the approval and effective date of the rezoning and subject
to the conditions which are enumerated in this Resolution beginning on Page 1 thereof; and
That the subconclusions upon which the fmdings and conditions specified in this Resolution are based and contained in the
Public Hearing record concerning Application 6-U-94 as set forth in the Minutes of the Planning Commission Meeting of
September 12, 1994 and are incorporated by reference though fully set forth herein.
SF.C'TION II: PROJECT DESCRT_PTION
Application No.: 6-U-94 and 4-EA-94
Applicant: Emily Chen
Property Owner: Emily Chen
Location: 19340 Phil Lane
�F('TION III• CONDITIONS ADMINISTERFD BY THE COMMUNITY DEVELOPMENT DEPT
1. APPROVED EXHIBITS
AS-1 (7-4-94), AS-2 (7-2-94), AS-3 (7-2-94), AS-4 (7-2-94), AS-5 (6-18-94), AS-6 (7-2-94), AS-7 (7-2-94), LS-1 (7-
4-94)
2. EFFECTIVE DATE
This Use Permit becomes effective upon completion of rezoning to Planned Development Residential.
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Resolution No. 4553 6-U-94 September 12, 1994
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3. LANDSCAPING
A formal landscape and irrigation plan shall be submitted by the applicant subject to conformance with the Xeriscape
Ordinance intent. Considering planting the tree types as referenced in the Nancy Burnett Letter of August 22, 1994.
4. HOUSE RETENTION REOUIREMENTS
The historic home on Lot 2 shall be maintained. The detached garage shall match the primary residence in building
materials and color. Future additions to the home shall be consistent with the architectural style of the 1850-1880
carpenter style home. The Cupertino Historical Society shall comment on future additions. A plaque identifying the
homes historical benefit shall be placed at the front of the building, content and location to be decided by the Cupertino
Historical Society.
5. SPECIFIC LOT CONDITIONS
Lot No. 1- the interior garage space shall be 20 ft. by 20 ft. unencumbered. No second story window is approved for
the rear elevation. Lot No. 2- Historical Home additions. Detached garage to match and paint building material of the
principle dwelling and no rear windows is approved. new roofing materials will match in color and type to the existing
principle structure. Lot No. 3- Nothing. Lot No. 4- A curb is required all around the guest parking stall. Lot No. 5-
The second floor may not cantilever over the first floor. Building materials - The building materials as identified in the
plans are approved in addition to the paint types as identified in the LRS Associates Letter dated 9/12/94.
6. ZONING
All provisions of Planning Commission Resolution No. 4537 shall be adhered to.
7. VECTOR CONTROL
The applicant shall hire a pest control specialist to secure the barn and other outbuildings prior to demolition. The
purpose is to allow no pests to leave the site as a result of demolition of said buildings.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
8. STREET WIDENING
25 ft. wide private street improvements and public utility easements dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer for the proposed private street with a turn
around ar cul-de-sac.
9. CURB AND GUTTER IMPROVEMENTS
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Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as
specified by the City Engineer for the private street.
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.
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Resolution No. 4553 6-U-94 September 12, 1994
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12. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
� 13. STREET TREES
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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.
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14. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Ordinance No. 1143.
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� 15. STORM DRAINAGE
Storm drainage facility shall be provided to the satisfaction of the City Engineer.
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16. 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.
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` 17. IMPROVEMENT AGREEMENT
The project developer shall enter into an improvement 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 approval of the final map by City Council. The
� fees and bonds requirements are as follows:
a. Checking & Inspection Fees: $5% of Improvement Cost
b. Development Maintenance Deposit: $3,000.00
c. Storm Drain Fee: $1,290/Acre
d. Power Cost: $36.00 per street light
e. Park Fees: $15,750/Lot
f. Map Check Fee: $389.00
18. 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.
19. PARK DEDICATION FEE
Park Dedication Fee shall be due at the time of the Improvement Agreement. The amount of the Park Dedication Fee
shall be determined based on the latest acreage fee adopted by City Council.
20. DEDICATION OF WATER LINES
The developer shall dedicate to the City all waterlines and appurtenances installed by City Standards and shall reach an
agreement with San Jose Water Works for water service to the subject development.
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Resolution No. 4553 6-U-94 September 12, 1994
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21. PUBLIC UTILITY EASEMENTS
T'he developer shall dedicate all public utility easements in accordance with the standards as specified by the City
� Engineer.
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CITY ENGINEER'S CERTIFICATE OF
f ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
I (Section 66474.18 Califomia Government Code)
I hereby certify that the engineering and surveying con ' ions spec' in Secti III of this Resolution conform to
generally accepted engineering practices.
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i ert Viskovich City Enginee
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' PASSED AND ADOPTED this 12th day of September, 1994 at a regular meeting of the Planning Commission of the City
of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle, Harris and Chanman Mahoney
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
' ABSENT: COMMISSIONERS: Roberts
ATTEST: APPR�,V�D: �'
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Robert S. Cowan Orrin Mahoney, Cha' an
' Director of Community Development Cupertino Planning Commission