Reso 6039 5-U-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014 ,
RESOLUTION NO. 6039
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH A VACANT SERVICE
STATION AND CONSTRUCT 7 SINGLE FAMILY DETACHED RESIDENCES ON A 0.96 ACRE
SITE
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 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 No. 5-U-97 as set forth in the
Minutes of the Planning Commission Meeting of November 3, 1999 and June 12, 2000, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 5-U-97
Applicant: Hossain Khaziri
Location: 22020 Homestead Road
Resolution No. 6039 5-U-97 June 12, 1999
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "PROPOSED SEVEN NEW
HOUSES FOR MICHAEL AMINIAN & HOSSAIN KHAZIRI, 22020 HOMESTEAD ROAD,
CUPERTINO, CALIF." Dated May 1999 and consisting of 6 sheets labeled A-1 through A-6,
except as may be amended by the Conditions contained in this Resolution.
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` 2. CLOSURE OF MONITORING WELLS
� Prior to building permit approval, the applicant shall submit evidence of proper closure of
monitoring wells in accordance with Santa Clara Valley Water District standards.
3. TREE PRESERVATION REQUIREMENTS
All specimen sized trees noted for preservation in the arborist report titled: "Evaluation &
Preservation Specifications for 13 Trees @ 22020 Homestead Rd., Cupertino, CA" dated 9/14/99
and prepared by Tree Health Professionals, Inc. shall be preserved. A contract shall be entered into
with an Internationally Certified Arborist and a copy submitted to staf£ The contract will include
an agreement to participate in initial site inspection prior to demolition, grading or construction
� activity to confirm installation of protection measures, participation in plan development which
�
requires the arborist to be involved prior to building demolition, grading and road construction
plans to confirm recommended practices are implemented. The contract shall also require the
arborist to submit quarterly written reports to staff confirming site inspections have been made and
recommended protection measures have been implemented.
A bond in the amount of$60,000 shall be submitted for the protection of all specimen sized trees
required to be protected during development. The bond may be released following final inspection
by the above reference arborist who shall report in writing to the City the status of the trees and
their expectancy of survival.
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 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.
5. COMPLIANCE WITH SINGLE FAMILY REGULATIONS
Modifications to the approved plans are allowed if in compliance with the single family residential
zoning district and the accessory structure ordinances.
Resolution No. 6039 5-U-97 June 12, 1999
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6. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 7 dwelling units from the undesignated pool of the
residential development priorities table reference in the City General Plan.
7. DESIGN REVISIONS FOR RESIDENCES ON LOTS #1 AND #7
The applicant shall modify the plans for Lot #7 by moving the residence closer to Homestead
Road to match the Homestead Road setback of the Lot #1 residence, and design a residential front
facade for the Homestead Road and Maxine Drive facing elevations. For Lot #1, the Homestead
Road fence shall be pulled back so that it encloses only the rear yard and a residential front fa�ade
shall be required for the Homestead Road elevation. Design changes shall be approved in an
Architectural and Site Approval application before the Design Review Committee.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
8. STREET WIDENING
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 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.
11. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
12. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
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 storm drain facilities are deemed
necessary by the City Engineer. Development in all other zoning districts shall be served by on
Resolution No. 6039 S-U-97 June 12, 2000
Page -4-
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.
16. 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.
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, storm
drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be
executed prior to issuance of construction permits.
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,975.00 minimum
b. Development Maintenance Deposit: $3,000.00
' c. Storm Drainage Fee: $1,623.15
d. Power Cost: $75.00 per street light
� e. Map Checking Fees: $482.00
f. Park Fees: $15,750.00/unit
� g. Grading Permit: $ 5% of On-site Improvement Cost or $156.00 minimum
-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.
i 19. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to California Water
Water and shall reach an agreement with California Water for water service to the subject
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development.
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.
Resolution No. 6039 5-U-97 June 12, 2000
Page -5-
PASSED AND ADOPTED this 12th day of June 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: Corr, Kwok and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle & Stevens
ATTE : APPROVED:
� � �j� ��'Y`'"�
Steve Piasecki Andrea Harris, Chairperson
Director of Community Development Planning Commission
G:planning/pdreport/res/r5u97