Reso 4573 11-U-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4573
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT A SINGLE FAMILY RESIDENCE 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 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, although smaller than many parcels in the community 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.
e) That a combination of building design (massing, articulation & window placement) and small legal
lot size, justifies approving a higher floor area ratio on this lot.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, eachibits, 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 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 11-U-94 as set forth in the Minutes of
the Planning Commission Meeting of November 14, 1994 and are incorporated by reference though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 11-U-94
Applicant: Frank Ettefagh/A. Mirzadegan
Property Owner: Frank Ettefagh
Location: Northeast corner of Olive Avenue and Orange Avenue
Resolution No. 4573 (11-U-94) November 14, 1994
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval i_s based on Exhibits A-1, A-2, A-3, A-4, A5, A-6 dated
September 27, 1994 of Application 11-U-94, except as may be amended by the Conditions contained
in this Resolution.
2. GARAGE
The interior garage space shall be designed to accommodate two full sized vehicles. A roll up garage
door is required.
3. LANDSCAPING
A formal landscaping plan shall be submitted with the building plans. This plans shall be similar to
the design as shown on the site plan, except that a new tree shall be shown in the rear yard area. The
design shall meet the goals of the Xeriscape Ordinance. An International Certified Arborist shall
submit in writing specific construction protection methods for the long term health of the oak tree. A
� bond in the amount of $5,000.00 shall be submitted prior to on-site construction and held for two
years. After two years an Internationally Certified Arborist shall conduct a site visit and issue a
written statement regarding the trees health. If it is found that the tree is in good health the bond may
be returned. If the tree is deceased the money shall be used to purchase & plant a similar sized oak
tree.
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4. BUILDING
A different accent trim color than shown on the material board shall be chosen and approved by staff.
� The wood siding on the garbage enclosure shall be the same type, direction and color as the principal
i structure.
' SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
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5. ROADWAY DEDICATION
A 10' roadway dedication is required along Orange Avenue.
6. PUBLIC WORKS FEES
Fees are required to be paid at the building permit application stage. The fees are as follows:
Plan Check Fee $266.00
Park Fee $15,750.00
Storm Drain Fee $1,290.00 per acre
� Water Main Reimbursement $676.00
These fees 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 building permit issuance in the event of said
change or changes, the fees changed at the time will reflect the then current fee schedule.
Resolution No. 4573 (11-U-94) November 14, 1994
Page-3-
CITY ENGINEER'S CERTIFICATE OF
� ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
, I hereby certify that the engineering and surveying con ions specified in Section III of this Resolution
conform to generally accepted 'engineering practices
�
i B Viskovi h, i Engineer
I PASSED AND ADOPTED this 14th day of November, 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, Roberts and Chairman Mahoney
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPRO ED:
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Robert S. Cowan Orrin Mahoney, Ch i�man
Director of Community Development Cupertino Planning�Commission
g:/planning/11 u94