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Reso 4558 5-U-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4558 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT 5 TOWNHOMES ON AN 11,761 SQ. FT. PARCEL IN A PLANNED DEVELOPMENT RESIDENTIAL 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 residential use is in conformance with the General Plan of the City of Cupertino, and is 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 welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, TI�REFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�chibits, 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 5-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. SECTION II: PROJECT DESCRT_PTION Application No.: 5-U-94 Applicant: Landmark Development Property Owner: Landmark Development Location: Gardenside & Rainbow Resolution No. 4558 5-U-94 September 12, 1994 Page-2- SECTION IIL• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. Approval of the Use Permit is contingent upon adoption of General Plan Amendment 3-GPA-94. 2. �PPROVED EXHIBITS The recommendation of approval for a six unit residential townhome development with related site improvements based upon the Definitive Development Plan consisting of Sheets 1-6 dated March 13, 1994, of Use Permit 5-U-94, except as may be amended by the conditions contained herein. 3. PARKING The parking adjacent to the entrance drive (two spaces) shall be deleted from the site plan. The project is approved with fifteen parking spaces, with each unit having a two car enclosed garage. The covenant, conditions and restrictions for the project shall require that enclosed garage spaces be retained for parking, and not encumbered by stored materials. Said CC&Rs shall also provide outdoor parking spaces not be occupied by RVs, boats, inoperable vehicles or be used for long-term storage of vehicles, long-term storage meaning in excess of 72 hours. 4. LANDSCAPING/FENCING/SIDEWALK PLAN/LIGHTING The applicant shall apply to the Planning Commission for formal approval of the landscaping, lighting, and fencing details. Any existing perimeter fencing and retaining walls, that require appropriate repairs shall be folded into said plan. With regards to the landscaping plan, large, fast growing trees shall be planted along with east perimeter to reduce privacy impacts to second story decks. 5. BUILDING MODIFICATIONS The second floor master bedroom windows facing the interior courtyard shall be redesigned in order to orient the views away from one another. This may be achieved through the use of small or clerestory windows, to the satisfaction of the Director of Community Development. 6. TENTATIVE MAP This action is subject to receiving approval for a tentative map for a townhome development including common open space areas. ('ONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 7. TRACT MAP T'he applicant shall prove to the satisfaction of the City Engineer that a 20' public utility easement does not exist along the southerly portion of said lot. If the easement exists this use permit shall be void. , Resolution No. 4558 5-U-94 September 12, 1994 Page-3- 8. STREET IMPROVEMENTS Street improvements 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 at the northerly side of Rainbow Drive and adjacent to the subject lot. 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 125. 14. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 15. DRAINAGE Storm drainage shall be provided to the satisfaction of the City Engineer. Surface flow 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. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 1 Resolution No. 4558 5-U-94 September 12, 1994 Page-4- i — ----� — ----- — 16. UNDERGROLIND 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 I 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. 17. 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. a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,744.00 minimum b. Development Maintenance Deposit: $3,000.00 c. Storm Drainage Fee: $1,290/acre = $438.00 d. Power Cost: $36.00 per street light e. Map Checking Fees: $381.00 + ($8.00 * (# units - 4) _ $389.00 f. Park Fees: $9,000/unit 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. DEDICATION OF WATER LINE The developer shall dedicate to the City waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water Company for water service to the subject development. 20. INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land subject to approval of the City Attorney, for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 21. PRIVATE STREETS All applicable subsections of the Rl C Ordinance (19.44) regarding street improvement requirements and covenants shall apply to the subject development. r Resolution No. 4558 5-U-94 September 12, 1994 Page -5- i – –_ — 22. PRIVATE DRIVEWAY COVENANT The applicant shall record an appropriate deed restriction and covenant running with the land for all � parcels which share a common driveway or private roadway with one or more other parcels as ( depicted on the Tentative Map of this application. Said deed restriction shall provide for necessary reciprocal ingress/egress easements to and from the affected parcels. Said easements shall be � recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 23. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) ' I hereby certify that the engineering and surveying co itions pecified in S tion III of this Resolution conform to generally accepted engineering practice B rt Vis ov , ity Engineer 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, Hanis and Chairman Mahoney NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Roberts . ,, ATTEST: APPRO�D: r ��,,�, �C� C��wt . `` ,Q� f : � � � ,�-" � „ Robert S. Cowan O�n Mahoney, Cha�man Director of Community Development Cupertino Planning Commission c:/winword/peresos/Su94