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Reso 4990 6-U-98 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 4990 (Denial) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A USE PERMIT TO DEMOLISH AN EXISTING APARTMENT AND CONSTRUCT AN 7 UNIT TOWNHOUSE DEVELOPMENT ON A.34 ACRE PARCEL 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 not met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application does not meet the following requirements: a) That the overall building height is appropriate for the surrounding area. b) That the rear setbacks are adequate to allow privacy. c) That the proposed landscaping is sufficient to allow privacy. 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 denial; and That the subconclusions upon which the findings and conditions specified in this resolution axe based and contained in the public hearing record concerning Application 6-U-98 as set forth in the Minutes of the Planning Commission Meeting of November 23, 1998, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 6-U-98 Applicant: Judy Chen Property Owner: Same as above. Location: 7359 Rainbow Drive SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation for approval is based upon the submitted e�chibits labeled sheets AO through A6 and dated as follows: AO dated September 25, 1998; Sheets A1 dated October 13, 1998; and Sheets A-2-A7 dated September 11, 1998. Resolution No. 4990 (Denial) 6-U-98 November 23, 1998 Page-2- 2. 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. 3. NOISE MITIGATION Applicant shall comply with recommendations of the Noise Assessment Study submitted by Edward L. Pack Associates, Inc. and dated Apri124, 1998. 4. PARKING Parking standard for the development shall be three spaces for each unit with each unit having at least two covered spaces. The covenants, conditions and restrictions for the project shall require that enclosed garage spaces be retained for parking and not encumbered by stored materials. Said CCR's shall also provide outdoor parking spaces not be occupied by RV's, boats, inoperable vehicles or be used for long term storage of vehicles (long term storage shall be defined as in excess of 72 hours). 5. LANDSCAPE PLAN At the Building permit application stage, the applicant shall submit a comprehensive landscape planting plan in conformance with Chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. Landscape plan shall contain strategically placed trees which increase privacy between the subject development and the adjacent development to the west . 6. TENTATIVE MAP This action is subj ect to receiving approval for a tentative map for a townhome development including common open space areas. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 7. STREET IMPROVEMENTS Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. 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. g/planning/res/6u98 Resolution No. 4990 (Denial) 6-U-98 November 23, 1998 Page-3- 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be 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 m�imum height permitted by the zone in which the site is located. 10. FIRE HYDRANTS Fire hydrants shall be located as required by the City. 11. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 12. 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. 13. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 14. 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. 15. LJNDERGROLJND 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. 16. 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: $ 5% of Off-Site Improvement Cost or $1,918.00 minimum g/planning/res/6u98 Resolution No. 4990 (Denial) 6-U-98 November 23, 1998 Page-4- b. Development Maintenance Deposit: $ 3,000.00 c. Storm Drainage Fee: $ 874.84 d. Power Cost: $75.00 per street light e. Map Checking Fees: $455.00 f. Park Fees: $72,000.00 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. 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. 17. 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. 18. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water Works for water service to the subject development. 19. FIRE ACCESS LANES Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall meet Central Fire District standards. 20. 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. 21. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with the recordation of the final map and shall be subject to prior approval as to form and content by the City Attorney. 22. INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be recorded at g/planning/res/6u98 Resolution No. 4990 (Denial) 6-U-98 November 23, 1998 Page-S- such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 23. 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 form the public street. 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 PASSED AND ADOPTED this 23 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: Harris, Stevens and Chairwoman Austin NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: �1 �� � ' u���> � ��:�� Robert S. owan D nna Austin, Chairwoman Director of Community Development Cupertino Planning Commission g/planning/res/6u98 g/planning/res/6u98