Reso 6007 16-U-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6007
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
THE GRANTING OF AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN
SIDE SETBACKS AND APPROVING A USE PERMIT TO ALLOW THE DEMOLITION OF
TWO SINGLE FAMILY DWELLINGS AND THE CONSTRUCTION OF EIGHT
TOWNHOMES TOTALING 15,814 SQUARE FEET ON A 0.53-ACRE SITE LOCATED AT
10060 S. STELLING ROAD AND 10051 BIANCHI WAY
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described on Section II. of this Resolution; and
WHEREAS, the necessary 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 this 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. �
3) The proposed development is otherwise consistent with the City's General Plan and with the
goals of this Heart of the City specific plan.
4) The proposed development will not create a hazardous condition for pedestrian or vehicular
traffic.
5) The proposed development has legal access to public streets and public services are available
to serve the development.
6) The proposed development requires an exception,which involves the least modification of,
Resolution No. 6007 16-U-99 February 28, 2000
Page 2
or deviation from, the development regulations prescribed in this chapter necessary to
accomplish
a reasonable use of the parcel.
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 denied, by the Planning Commission of
the City of Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerriing Application, file no. 16-U-99, as set
forth in the Minutes of the Planning Commission Meeting of February 28, 2000 and are
incorporated by reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 16-U-99 (31-EA-99)
Applicant: Stanley Wang
Property Owner: Stanley Wang
Location: 10060 S. Stelling Road, 10051 Bianchi Way
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
� 1. APPROVED EXHIBITS
The recommendation of approval is base on Exhibits dated 2/2/00, sheets 1- 11, except as
may be amended by the conditions contained in this resolution.
2. LANDSCAPE REVIEW
The applicant shall submit a comprehensive landscape planting plan in conformance with
Chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code.
3. MINOR MODIFICATIONS TO SOUTH ELEVATION OF PLAN A
The applicant shall further articulate the south elevation of the "Plan A" units. Staff shall
approve the modifications prior to issuance of the building permit.
4. 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
Resolution No. 6007 16-U-99 February 28, 2000
Page 3
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
1. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
2. 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.
3. 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.
4. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
i
6. 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.
7. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code.
8. 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
deeins 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.
Resolution No. 6007 16-U-99 February 28, 2000
Page 4
9. UNDERGROUND 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.
10. 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 Improvement Cost or $1,975.00
minimum
b. Development Maintenance Deposit: $ 3,000.00
c. Storm Drainage Fee: $ 926/acre+($70*8)
d. Power Cost: $ 75.00 per streetlight
e. Map Checking Fees: $ 468.00
f. Park Fees: $ 9,100.00/unit
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.
11. 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.
12. DEDICATION OF WATERLINES
The developer shall execute a quitclaim deed for underground water rights to Cupertino
Water and shall reach an agreement with San Jose Water Company for water service to the
subject development.
Resolution No. 6007 16-U-99 February 28, 2000
Page 5
13. 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.
PASSED AND ADOPTED this 28th day of February, 2000, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Kwok, Stevens and Chairperson Harris
NOES: COMMISSIONERS: Corr, Doyle
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST• APPROVED:
� , � � �,
Steve iasecki Andrea Harris, Chairperson
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/res 16u99a