Reso 4677 � 16-U-95
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
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RESOLUTION NO. 4677
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A USE PERMIT TO CONSTRUCT 8 RESIDENTIAL UNITS IN
A PLANNED DEVELOPMENT ZONING DISTRICT ON THE EAST SIDE OF BLANEY AVENUE
BETWEEN STEVENS CREEK BOULEVARD AND PRICE AVENUE
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 �he 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 aze based
and contained in the public hearing record concerning Application No. 16-U-95 as set forth in the
Minutes of the Planning Commission Meetings of January 22, 1996 and February 12, 1996, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 16-LJ-95
Applicant: Mary Jozovich, Don & Sue Jozovich and Nick & Viola Lazaneo
Property Owner: Same
Location: 10106 - 10132 Blaney Avenue
Resolution No. 4677 16-U-95 February 12, 1996
Page-2-
SF.(`.TT()N III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT
1. APPROVED EXHIBITS
The recommendation of approval is based on plans title Blaney Avenue P.U.D., Sheets No. 1,
2, 4, 5, 7, 8, 10, 12, grading & tentative map dated revised 2/1/96, plans title Blaney Avenue
P.U.D., Sheets No. 3, 6, 9, 11 and landscape plan dated 2/2/96, perspective dated 1996, except
as may be amended by the conditions contained in this Resolution.
2. ABANDONED WATER WELLS
The property owner shall consult with the Santa Clara Valley Water District to confirm
abandoned or unused water wells do not exist on the site. If wells are discovered they shall be
sealed in accordance with District standards and proof shall be provided to staff that the well
was sealed or none existed on the site originally.
3. AIZRORT_ST REOUIREMENTS
The redwood tree #7 shall be saved contingent upon arborist report confirming long term
health. A contract shall be entered into with an Internationally Certified Arborist and a copy
submitted to staff. The purpose of the contract will include an agreement to participate in
initial site inspection prior to demolition, grading or construction activity to confirm protection
measures are in place, participation in plan development which requires the arborist be involved
prior to building demolition, grading and road construction plans to confirm recommended
practices are proposed. The contract shall also require that the arborist submit quarterly written
reports to staff confirming site inspections have been completed and recommended protection
measures are being met. A bond in the amount of $10,000 shall be submitted for all specimen
sized trees required to be protected during development (demolition, grading and construction).
This money may be released following final inspection by the above referenced arborist. The
arborist shall submit in writing that the trees have been adequately protected during
construction and are expected to survive.
4. COMPLIANCE WITH SINGLE FAMILY RFGULATIONS
Modifications to the approved plans are allowed if in compliance with the single family
residential zoning district and the accessory structure ordinances.
5. ("ONFORMANCE WITH ORDINANCES. REGULATIONS AND LAND USE
CONDITIONS
The Declarant warrants that this Declaration of Covenants, Conditions and Restrictions is in
conformance with all ordinances, regulations, and land use conditions imposed by the City of
Cupertino or any other government agency with respect to this Development. In any case
where this Declaration of Covenants, Conditions and Restrictions is found to be in conflict with
any ordinance, regulation or land use condition imposed on the development by the City of
Resolution No. 4677 16-U-95 February 12, 1996
Page-3-
Cupertino or any other governmental agency, then said ordinance, regulation or land use
condition shall prevail over this declaration.
6. DEMOLITION REOUIREMENT
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
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permits in accordance with City Ordinances.
7. GRADING STANDARDS
The grading concept and building location for each lot shall substantially reflect the approved
E�ibits upon which the subject application is based. A plan for protection of the pine tree
adjacent to lot #6 shall be submitted with the grading plan.
8. HOMEOWNERS ASSOCIATION DOCUMENTS
The Homeowners Association documents, and enabling declaration shall be reviewed by the
applicants attorney, the Department of Community Development and by the City Attorney prior
to recordation and should substantially reflect all conditions of this approval and plans.
9. �,ANDSCAPE REVIEW
The applicant shall submit a comprehensive landscape planting and irrigation plan in
conformance with chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code.
10. 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.
11. �TRFET LIGHTING INSTALLATION
The private street light standazds height, material type and color shall be approved by staff. A
lighting contour plan shall be submitted with the building permit to confirm conformance with
the Lighting Design Statement.
12. BUILDING 1VIATERIALS
Staff shall review and approve the building materials and color palette for lot No. 7. Staff shall
approve the color and pattern of the entry pattern concrete.
Resolution No. 4677 16-U-95 February 12, 1996
Page-4-
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PASSED AND ADOPTED this 12th day of February, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
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AYES: COMMISSIONERS: Austin, Doyle, Harris, Mahoney, Roberts
i NOES: COMMISSIONERS:
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APP OVED:
Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Cupertino �'lanning Commission
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