Reso 6395 U-2006-04
CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, California 95014
RESOLUTION NO. 6395
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
� RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH TWO SINGLE
' FAMILY RESIDENCES AND CONSTRUCT FOUR SINGLE FAMILY RESIDENCES,
RANGING IN SIZE FROM 3,265 TO 3,297 SQUARE FEET LOCATED AT 20055 AND
( 20065 DE PALMA LANE
� 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
I
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 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. U-2006-04 as set forth in the Minutes of the Planning Commission Meeting of June
� 13, 2006, and are incorporated by reference as though fully set forth herein.
Resolution 6395 U-2006-04 June 13, 2006
Page 2
�
� SECTION II: PROIECT DESCRIPTION
I
Application No.: U-2006-04
Applicant: Frankie Law
Location: 20055 and 20065 De Palma Lane
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
� DEVELOPMENT DEPT.
�
1. APPROVED EXHIBITS
� The recommendation of approval is based on Exhibits titled: "New
Residence/20055-20065 De Palma/Cupertino, CA/APN 369-32-039 and 369-32-
I 006, consisting of 28 pages dated May 30, 2006, and labeled: Streetscape, A.1
through A.24, C.O, C.2, and C.3, except as may be amended by the Conditions
contained in this Resolution.
� 2. DEVELOPMENT APPROVAL
Approval is granted to construct four single-family detached dwellings ranging
� in size from 3,265 TO 3,297 square feet.
3. ACCESSORY BUILDINGS/STRUCTURES
Accessory buildings and structures are allowed and permitted in accordance
with Cupertino Municipal Code Section 19.80, governing accessory buildings
and structures.
4. PRIVACY LANDSCAPING AND GUEST PARKING
Privacy landscaping to mitigate visual impacts and the visual mass and bulk of
new two-story homes shall be planted and modified in accordance with
Cupertino Municipal Code Section 19.28.070, governing R1 Zoning District
landscape requirements. Guest parking stalls shall be improved with pavers on
a sand base to provide improved storm water infiltration.
� 5. BUILDING DESIGN CHANGE TO UNIT #3
� Sheet A.16 of the approved plan set exhibit is modified to delete the low wall
surrounding the patio cover.
� 6. IMPROVED SANTA CLARA VALLEY WATER DISTRICT ACCESS
The applicant shall improve the Santa Clara Valley Water District (District)
` access across the entire frontage of his property(ies) with District approved
I landscaping and pavement. If final District approval cannot be obtained in a
timely fashion prior to completion of the residences, the applicant shall submit a
' bond, guaranteeing the completion of the improvements to the satisfaction of the
Director of Community Development and the Director of Public Works.
Resolution 6395 U-2006-04 June 13, 2006
Page 3
7. 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
i barred from later challenging such exactions.
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 as required by the City Engineer.
�
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company
and Santa Clara County Fire.
10. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
11. 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 required. Please contact Army Corp of Engineers and/or Regional
Water Quality Control Board as appropriate.
* A grading permit maybe required pending on the excavating, filling and
� recontouring of the project site in conjunction with this application.
� 12. DRAINAGE
� Drainage shall be provided to the satisfaction of the City Engineer. If City storm
drains are not available, drainage facilities shall be installed to the satisfaction of
the City Engineer. Pre and Post drainage calculations shall be submitted to
� determine if new facilities need to be constructed to mitigate the increase of off site
�
runoff.
Resolution 6395 U-2006-04 June 13, 2006
Page 4
13. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City and Santa Clara County Fire.
14. 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.
►
15. 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
I undergrounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
� Fees:
a. Checking & Insp. Fees: $5% of Off-Site Improvement Cost
($2,130 min.)
b. Grading Permit: $6% of On-Site Improvement Cost
($2,000 min.)
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: Paid
e. Power Cost: Paid
f. Map Checking Fees: $3,250.00
g. Park Fees: $31,500.00
Bonds:
a. Faithful Performance Bond: 100% of Off-site Improvements
b. Labor & Material Bond: 100% of Off-site Improvements
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.
16. 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.
Resolution 6395 U-2006-04 June 13, 2006
Page 5
17. 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 for water
service to the subject development.
18. 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
must be included in your building plan submittal.
19. TOINT USE AGREEMENT
The developer must enter into a joint use agreement with the Santa Clara Valley
Water District to construct and maintain a trail along the District's right-of-way.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the 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
�--�. � C� � u- !�S
Ralph Qualls,Director of Public orks
City Engineer CA License 22046
PASSED AND ADOI'TED this 13th day of June 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Miller, Saadati, Chien
NOES: COMMISSIONERS:Vice Chair Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Wong
ATTEST: APPROVED: �
� � _
�� ' ����
Steve Piasecki Marty ' r, Chair
Director of Community Development Planning Co mission
G:�Planning�PDREPORT�RES�2006�U-2006-04 res.doc