Reso 4979 12-U-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4979
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO DEMOLISH AN EXISTING RESIDENCE AND CONSTRUCT
A 4,034 SQ. FT. BUILDING CONSISTING OF 1,345 SQ. FT. OFFICE/RETAIL SPACE AND
2,689 SQ. FT. RESIDENTIAL (3 APARTMENTS)
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 approved ; 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.12-U-98 as set forth in the
Minutes of the Planning Commission Meeting of November 9, 1998, and are incorporated by reference
as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 12-U-98 , 26-EA-98
Applicant: Hamid Ghazvini
Location: 10061 Pasadena (near Granada Avenue)
Resolution No. 4979 12-U-98 November 9, 1998
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheets 1-4 dated 10/27/98 and color/material board, except as may be
amended by conditions contained in this resolution.
2. USE RESTRICTION
The 978 sq. ft. commercial space shall not be converted to office space, since this space is
dependent on on-street parking and has no office square footage allocation. A deed restriction,
subject to approval of the City Attorney, shall be recorded prior to occupancy which reflects
this requirement.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
3. STREET WIDENING.
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
4. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards and specified by the City Engineer.
5. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
6. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
7. 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.
8. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code.
9. 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.
10. LJNDERGROUND 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
Resolution No. 4979 12-U-98 November 9, 1998
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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.
11. 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.
Fees:
a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,975.00 minimum
b. Development Maintenance Deposit: $ 3,000
c. Storm Drainage Fee: $ 361.11
d. Power Cost: $ 75.00 per street light
e. Map Checking Fees: N/A
f. Park Fees: $6,420.00/unit
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.
12. 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.
13. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to the city of
Cupertino and shall reach an agreement with San Jose Water Company for water service to the
subject property.
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 engineering practices.
Bert Viskovich, City Engineer
Resolution No. 4979 12-U-98 November 9, 1998
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PASSED AND ADOPTED this 9`�' day of November, 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, Mahoney, Stevens and Chair Austin
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Harris
ATTEST: APPROVED:
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Robert S. Cowan onna Austin, C airwoman
Director of Community Development Cupertino Planning Commission
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