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Reso 4722 8-U-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4722 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT TWO SINGLE FAMILY RESIDENCES IN A PROPOSED PLANNED RESIDENTIAL ZONE 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 the 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, subj ect 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 No. 8-U-96 as set forth in the Minutes of the Planning Commission Meeting of July 8, 1996, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 8-U-96 Applicant: Sheena Chang Property Owner: Same Location: 10036 Peninsula Boulevard Resolution No. 4722 8-U-96 July 8, 1996 Page-2- SECTION III• CONDITIONS ADMINISTERED BY THE COMMiJNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits C 1 and A 1 dated 6/26/96, and A2 dated 5/28/96, and Ll dated 6/27/96, and material board except as may be amended by the Conditions contained in this Resolution. 2. ARBORIST REOUIREMENTS The coast live oak tree No. 2 shall be saved. The arborist recommendations outlined in the Barrie D. Coate report of May 23, 1996, shall be followed during all constructed activites (demolitiion, grading and building construction). 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 the oak tree 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 tree has been adequately protected during construction and are expected to survive. 3. COMPLIANCE WITH SINGLE FAMILY REGULATIONS Modifications to the approved plans are allowed if in compliance with the single family residential zoning district and the accessory structure ordinances. 4. LOT LINE ADJUSTMENT A lot line adjustment shall be completed to the satisfaction of planning and public works to relocate the property lines in substantial conformance with the approved plans. 5. 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 permits in accordance with City Ordinances. The applicant shall agree to site inspection by Historical Society if requested. 6. GR.ADING STANDARDS The grading concept and building location for each lot shall substantially reflect the approved E�ibits upon which the subject application is based. 7. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting plan and irrigation plan in conformance with chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. Resolution No. 4722 8-U-96 July 8, 1996 Page-3- 8. FLOOR AREA RATIO A maximum floor area ratio of 48% is approved. SECTION IV• CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 8. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Abandonment of portion of the Peninsula Boulevard shall be subject to the approval of all the utility company and developer or owner to pay to the City at the cost of $18.00 per square foot. 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. 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. i 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 No. 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 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. Resolution No. 4722 8-U-96 July 8, 1996 Page-4- 16. UNDERGROiJND 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. 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 I c. Storm Drainage Fee: $ 236.07 d. Power Cost: $ 75.00 per street light e. Map Checking Fees: $ 381.00 f. Park Fees: $ 15,750/lot I The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. i � I 18. TR.ANSFORMERS 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. I 19. REMAINDER PARCEL Remainder Parcel is allowed for a lot that is not subdivided for the purpose of sale, lease or financing per Section 66424.6 of the Subdivision Map Act. A Certificate of Compliance or Conditional Certificate of Compliance shall be required on this parcel at the time of sale, lease or financing and all fees and required improvements shall be paid and constructed to the City at the time of application. 20. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to Cupertino Water Company and shall reach an agreement with Cupertino Water Company for water service to the subject development. Resolution No. 4722 8-U-96 July 8, 1996 Page-S- CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineeri practices. Be Visko ic , y Engineer PASSED AND ADOPTED this 8th day of July, 1996, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Roberts � NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: i ABSENT: COMMISSIONERS: Austin ATTEST: APP ED: I _ Robert S. Cowan Paul Roberts, Chairman Director of Community Development Cupertino Planning Commission g:/pdreport/res8u96 � I