Reso 4942 7-U-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4942
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONSTRUCT TWO SINGLE FAMILY HOMES IN A
PLANNED DEVELOPMENT ZONING DISTRICT, INCLUDING AN EXCEPTION TO THE HEART
OF THE CITY SPECIFIC PLAN
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) An exception to the Heart of the City specific plan is justified because the project meets the
minimum findings as approved by City Council and as described in this resolution.
WHEREAS, the applicant has met the burden of proof required to support an exception to the Heart of
the City Specific Plan, and has satisfied the following requirements:
In order to provide design flexibility in situations when small lot size, unusually shaped parcels, or
unique surrounding land uses make it difficult to adhere to the development standards and where all
efforts to meet the standards, have been exhausted, an applicant for development may be granted an
� exception to deviate from the standards. The possibility of lot consolidation, if an exception is needed
for a substandard parcel, shall be evaluated. The exception process shall not be used to increase land use
intensity or change permitted land uses.
A. An exception for design standards can be approved if the final approval authority for a
project makes all of the following findings:
1. The proposed development is otherwise consistent with the City's General Plan and with the
goals of this specific plan and meets one or more of the criteria described above.
2. The proposed development will not be injurious to property or improvements in the area nor
' be detrimental to the public health and safety.
3. The proposed development will not create a hazardous condition for pedestrian or vehicular
� traffic.
4. The proposed development has legal access to public streets and public services are available
� to serve the development.
� 5. The proposed development requires an exception which involves the least modification of, or
deviation from, the development regulations prescribed in this chapter necessary to
accomplish a reasonable use of the parcel.
Resolution No. 4942 7-U-98 July 13, 1998
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B. An exception which has not been used within two of this approval, shall become null and void.
An exception permit shall be deemed to have been used in the event of the erection of a structure
or structures when sufficient building activity has occurred and continues to occur in a diligent
manner.
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 are based
and contained in the public hearing record concerning Application 7-U-98 as set forth in the Minutes of
the Planning Commission Meeting of July 13, 1998 , and are incorporated by reference as though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 7-U-98
Applicant: Tony Wong
Property Owner: Tony Wong
Location: 10067 Bianchi Way
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
Approval is based on the site plan (A3), elevations (A4 and AS), section (A6) dated July 6, 1998,
by Thomas H. Liu & Associates, except as may be amended by the conditions contained in this
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resolution.
2. DEMOLITION REQUIREMENT
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.
3. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of one unit from the development priorities table for
residential development
' 4. GRADING STANDARDS
The grading concept and building location for each lot shall substantially reflect the approved
� Exhibits upon which the subject application is based. The Director of Community Development
shall review and approve subsequent building permit applications based upon the Grading
Ordinance regulations. A maximum one foot difference in land level height may be approved over
existing height.
Resolution No. 4942 7-U-98 July 13, 1998
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5. LANDSCAPE REVIEW
The applicant shall submit a comprehensive landscape planting plan in conformance with chapter
14.15, Xeriscape Landscaping, of the Cupertino Municipal Code.
6. EXCEPTION
An exception is granted to the minimum parcel size and minimum side setback.
7. UNIT #2 LOCATION AND SETBACKS
The second story setback on the north side of Unit 2 shall be increased by 2'.
8. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
9. STREET WIDENING
Street widening, improvements and dedications (cul-de-sac) shall be provided in accordance with
City Standards and specifications and as required by the City Engineer. Portion of an existing 20'
public right-of-way is required to be vacated and retain as Ingress & Egress Easement (IEE) and
� shall be paid by developer to the City of Cupertino at $35.00 per square foot.
10. 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.
11. 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.
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� 12. FIRE HYDRANT
� Fire hydrants shall be located as required by the City.
� 13. TRAFFIC SIGNS
� Traffic control signs shall be placed at locations specified by the City.
14. STREET TREES
Resolution No. 4942 7-U-98 July 13, 1998
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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.
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code.
16. 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.
17. LJNDERGROiJND 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.
18. 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
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executed prior to issuance of construction permits.
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Fees:
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,918.00 mini
� b. Development Maintenance Deposit: $ 1,OOO.QO
c. Storm Drainage Fee: $ 1,290/acre =$308.72
d. Power Cost: $ 75.00 per street light
� e. Map Checking Fees: $ 419.00
f. Park Fees: $ 31,500.00
g. Grading Permit: $ 5% of on-site improvement Cost or $460.00 min.
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.
( 19. 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.
Resolution No. 4942 7-U-98 July 13, 1998
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20. DEDICATION OF WATERLINES
The developer shall execute a quitclaim deed for underground water rights to San Jose Water
Company and shall reach an agreement with San Jose Water Company for water service to the
subject development.
21. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources Control
Board, for construction activity which disturbs soil. BMP plans shall be included in your grading
and street improvement plans.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
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I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution
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conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this 13 day of July, 1998, 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 and Chairwoman Austin
� NOES: COMMISSIONERS: Mahoney and Stevens
► ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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( ATTEST: APPROVED:
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Robert S. Cowan Donna Austin, hairwoman
i Director of Community Development Cupertino Planning Commission
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� g/planning/res/7u98
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