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Reso 6041 16-U-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6041 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 10,486 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 welfaxe, 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. 1 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, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a � reasonable use of the parcel. 1 Resolution 6041 16-U-99 June 26, 2000 Page 2 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�chibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved, 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 concerning Application, file no. 16-U-99, as set forth in the Minutes of the Planning Commission Meeting of June 26, 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 DEV. DEPT. 1. APPROVED EXHIBITS The recommendation of approval is base on Exhibits dated 6/16/00, sheets 1-10, except as may � be amended by the conditions contained in this resolution. M 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. Landscape plan shall include the size and names of all plants, trees and shrubs to be planted. Where possible, the landscape plan shall conform to the privacy landscape requirements of the single-family (R-1) ordinance. Privacy screening along the perimeter shall be rapid growing, 24-inch box evergreen trees. 1 3. TREE PLANTING � A 48" boxed tree shall be planted at the "T" intersection of the auto court. 1 � 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 1 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), Resolution 6041 16-U-99 June 26, 2000 Page 3 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 DEPT. 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standaxds 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 Erigineer. 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. 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 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. Resolution 6041 16-U-99 June 26, 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. 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. Resolution 6041 16-U-99 June 26, 2000 Page 5 PASSED AND ADOPTED this 26th 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: Doyle, Kwok, Stevens NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Corr, Chairperson Harris ATTES . A��ROVED: � . � �� �' _ •_\_--�,x�:�_�-�.,- Ste Piase ki J� Stev s, Vice Chairperson Director of Community Development � +�upertino Planning Commission g/planning/pdreport/res/res 16u99a I I I � I