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Reso 5033� � � 1-U-99 � CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 5033 � OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO DEMOLISH AN EXISTING APARTMENT AND CONSTRUCT A 7 UNIT TOWNHOUSE DEVELOPMENT ON A .34 ACRE PARCEL 1 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) That the use is in conformance with the General Plan of the city of Cupertino, and is not detrimental � to the existing uses or to uses specifically permitted in the zone in which the proposed use is to be ► located � b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. � 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 i � That the subconclusions u on which the findin s and conditions s ecified in this resolution are based i P g P and contained in the public hearing record concerning Application 1-U-99 as set forth in the Minutes of � the Planning Commission Meeting of April 26, 1999, and are incorporated by reference as though fully I set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 1-U-99 Applicant: Judy Chen Property Owner: Same as above. Location: 7359 Rainbow Drive SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. � Resolution No. 1-U-99 April 26, 1999 Page-2- � 1. APPROVED EXHIBITS The recommendation for approval is based upon the submitted exhibits labeled sheets Al through A9 and dated as follows: Sheets A1 and A7 revised 3-8-99; AS and A6 revised 4-9-99; A2 and A3 revised 10-14-98; A4 & A9 dated January 26, 1998; and A8 revised 3-12-99. � 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). ' S. LANDSCAPE PLAN � At the Building permit application stage, the applicant shall submit a comprehensive landscape ( planting and maintenance plan in conformance with Chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. The landscape plan, to be approved by staff, shall contain strategically I placed trees which increase privacy between the subject development and the adjacent development � to the north. Trees shall be 24 inch box. � � 6. TENTATIVE MAP i This action is subject to receiving approval for a tentative map for a townhome development including common open space areas. 7. BELOW MARKET RATE (BMR) PROGRAM REQUIREMENTS � Applicant shall comply with the requirements of the Below Market Rate (BMR) program, including the payment of any required fee, prior to the issuance of a building permit SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 8. STREET IMPROVEMENTS g/planning/res/1 U99 � Resolution No. 1-U-99 Apri126, 1999 Page-3- t Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 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 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 HYDRANTS Fire hydrants shall be located as required by the City. I 12. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. f 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 the City Engineer deems storm drain facilities necessary. 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. Drainage from I neighboring properties at northeastern edge shall not be impeded during or after construction in order , to preserve the natural flow along existing storm and sewer easement. I � 16. LTNDERGROLJND 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, stortn drain fees, park g/planning/res/1 U99 � Resolution No. 1-U-99 Apri126, 1999 Page-4- I 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 � b. Development Maintenance Deposit: $ 3,000.00 c. Storm Drainage Fee: $ 874.84 ► d. Power Cost: $75.00 per streetlight � 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 I 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. � 18. 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. 19. 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. 20. FIRE ACCESS LANES I Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall meet Central Fire District standards. � 21. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity that disturbs soil. BMP plans shall be included in your grading and street improvement plans. 22. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels that 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. g/planning/res/1 U99 ' Resolution No. 1-U-99 April 26, 1999 Page-S- 23. INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenants 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 such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 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. ► ert Visko ich, Ci y ngineer ► PASSED AND ADOPTED this 26th day of April, 1999, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairman Doyle NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � / , , / ` / G�6;s, Q:. Robert S. Cowan David Doyl hairm Director of Community Development Cupertino Planning Commission g/planning/res/l u99 g/planning/res/1 U99