Reso 6578 U-2009-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6578
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE CONSTRUCTION OF TWO 2,317 SQUARE
FEET SINGLE FAMILY HOMES ON SEPARATE LOTS EACH WITH A 640 SQUARE FOOT
DETACHED SECOND DWELLING UNIT AT THE REAR OF THE PROPERTY.
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; and
2) The proposed use will be located and conducted in a manner in accordance with the
Cupertino Comprehensive General Plan and the purpose of the Conditional Use Permits
Chapter of the Cupertino Municipal Code.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for a Use Permit is hereby approved, 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. U-2009-07 as set
forth in the Minutes of the Planning Co�tmission Meeting of January 26, 2010, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2009-07
Applicant: Terry Brown on behalf of D&B Legacy, LLC
Location: 10216 Pasadena Ave (APN: 357-18-021)
Resolution No. 6578 U-2009-07 January 26,2010
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS �
The approval is based on Exhibits prepared by:
a. Bruno Marcelic, Architect AIA, dated October 30, 2009 and titled "10216 Pasadena
Avenue Homes, 10216 Pasadena Avenue, Cupertino, CA 95014" consisting of 13
pages numbered, "A-1.0 - A-3.0"; "A-3.1-A-3.5"; "A-4.0-A-4.3"; "A-5.0";
b. LC Engineering, dated December 18, 2009 and titled "Grading and Drainage Plan for
Lands of Adzich, 10216 Pasadena Avenue, APN 357-18-021, Cupertino, California,"
consisting of 6 pages numbered"1 of 6- 6 of 6"; and
c. Reed Associates Landscape Architecture, dated December 10, 2009 and titled
"Landscape Planting Plan" consisting of 1 page number numbered "L1"; and
submitted by the applicant, except as may be amended by the Conditions contained in this
Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct two new 2,317 square foot single family homes on separate
lots each with a 640 square foot detached second dwelling unit.
3. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 1 unit of the residential allocation for the Monta
Vista Area.
4. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by
paying the Housing Mitigation Fees for the amount determined by the Housing Mitigation
Manual.
5. SETBACKS
The setbacks for the homes will be consistent with those identified in the Grading, Drainage
and Erosion Control Plan numbered Page 2 of 6.
6. FRONT YARD TREE
The applicant shall plant a 24" tree in the front setback area instead of the 15 gallon tree
indicated on the landscaping planting plan on page L1.0.
7. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff
prior to issuance of building permits. Staging of construction equipment shall not occur
within 20 feet of residential property.
8. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments) shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits. The final
building exterior plan shall closely resemble the details shown on the original approved
Resolution No. 6578 U-2009-07 January 26,2010
Page 3
plans. Any substantial exterior changes shall require a minor modification approval with
neighborhood notification as determined by the Director of Community Development.
9. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Director of Community Development prior to issuance of building
permits. The landscape plan shall include water conservation and pesticide reduction
measures as determined by the City.
10. PROTECT AMENDMENTS
The Planning Coinnussion shall review amendments to the project considered major by the
Director of Community Development.
11. 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.
SECTION IV-CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
8. STREET WIDENING
Street widening 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 and Santa Clara County Fire
Department as needed.
12. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe
Resolution No. 6578 U-2009-07 January 26,2010
Page 4
required. Please contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
13. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-
development calculations must be provided to indicate whether additional storm water
control measures are to be installed.
14. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
15. 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.
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 under grounding 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$2,468.00 minimum
b. Grading Permit: $6% of Site Improvement Cost or
$2,217.00 minimum
c. Development Maintenance Deposit: $2,000.00
d. Storm Drainage Fee: Per Acreage
e. Power Cost: **
f. Map Checking Fees: $3,765.00
g. Park Fees: Per ordinance
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
-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.
Resolution No. 6578 U-2009-07 January 26,2010
Page 5
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. The transformer shall not be located in the
front or side building setback area.
18. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity,which disturbs soil. BMP plans shall be included in
grading and street improvement plans.
19. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control
Board,which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm water
runoff quality, and BMP inspection and maintenance.
20. STORMWATER REQUIREMENTS
The applicant must include the use and maintenance of site design, source control and
storm water treatment BMP's,which must be designed per approved numeric sizing
criteria.
21. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
22. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials on
site. Erosion control notes shall be stated on the plans.
23. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be
approved by the City. The plan shall include a temporary traffic control plan for work in the
right of way as well as a routing plan for all vehicles used during construction. All traffic
control signs must be reviewed and approved by the City prior to commencement of work.
The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for
all signage and striping work throughout the City.
24. OPERATIONS &MAINTENANCE AGREEMENT
The developer shall enter into an Operations & Maintenance Agreement with the City prior
to final occupancy. The Agreement shall include the operation and maintenance for non-
standard appurtenances in the public road right-of-way that may include,but is not limited
to, sidewalk, pavers, and street lights.
Resolution No. 6578 U-2009-07 January 26,2010
Page 6
25. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager.
26. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards
to refuse truck access for the proposed development.
27. 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.
28. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
29. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits.
30. UTILIT'Y EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
PacBell, and California Water Company, and/or equivalent agencies) will be required prior
to issuance of building permits.
31. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements.
PASSED AND ADOPTED this 26th day of January 2010, at a Regular Meeting of the Planning
Coinmission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy,Vice Chair Lee, Kaneda, Miller
NOES: COMMISSIONERS: Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: AP OVED• �,
� (� �,
�;JC _
Aarti Shrivastava Paul Brophy, Ch i
Director of Community Development Planning Commi on
G:�Planning�PDREPORT�RES�2009�U-2009-07 res.doc