Reso 6412 ASA-2006-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6412
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT AND AN ARCHITECTURAL AND SITE APPROVAL
TO DEMOLISH ONE SINGLE FAMILY RESIDENCE AND CONSTRUCT ONE MIXED
USE BUILDING WITH ONE ONE-BEDROOM UNIT AND TWO TWO-BEDROOM
RESIDENTIAL BUILDINGS
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit and an Architectural and Site Approval, 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 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 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-2006-08 and ASA-2006-11 as set forth in the Minutes of the Planning Commission
Meeting of August 22, 2006, and are incorporated by reference as though fully set forth
herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2006-08, ASA-2006-11
Applicant: Terry Brown (Hamid Ghazvini)
Location: 21761 Granada Ave
Resolution 6412 ASA-2006-11 August 22, 2006
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
� DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
' The approval is based on Exhibits titled: "Proposed Mixed Use Project for 21761
Granada Ave, Cupertino, CA," consisting of 6 pages dated August 17, 2006, and
labeled: 1 to 6, except as may be amended by the Conditions contained in this
Resolution.
' 2. DEVELOPMENT APPROVAL
Approval is granted to construct three units. One one-bedroom unit 696 square
' feet and two two-bedroom units 1,580 square feet. .
3. MONTA VISTA DEISGN GUILDELINES
The applicant shall present plans to the Planning Department for review and
approval prior to issuance of building permits that show the following:
❑ Exterior lights and parking lot lights (if any are proposed)
❑ Tree grates
❑ Exterior trash receptacles
❑ Details of the bench being proposed
4. FOUNDATION
All foundations shall be on pier and grade beam.
5. ARCHITECTURAL CHANGES
The applicant shall modify the following:
a. Increase the width of all balconies that are 3 feet 6 inches to 5 feet.
b. Change the proposed single dormer on the west elevation to either match
the two dormers on the east elevation or to center the single dormer on
the wall plane it is on.
6. SIGN PROGRAM
A sign program shall be required for the mixed-use building on Granada
Avenue.
7. BUILDING COLORS AND MATERIALS
The applicant shall provide staff with a color and material board for review and
approval of the building colors and materials.
8. DRIVEWAY WIDTH
The driveway in the project shall be 22 feet wide except in the area between the
two residential buildings at the rear where the porches are located.
9. MAINTENANCE AGREEMENT
The applicant shall record a maintenance agreement subject to the approval of
the City Attorney for the maintenance of the common driveway by each of the
property owners of each of the lots.
Resolution 6412 ASA-2006-11 August 22, 2006
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10. INGRESS/EGRESS EASEMENT
� The applicant shall record an appropriate deed restriction and covenant running
with the land, subject to approval of the City Attorney, for all parcels that share a
i common private drive or private roadway with one or more other parcels. The
deed restriction shall provide for necessary reciprocal ingress and egress
easement to and from the affected parcels. The easements shall be recorded prior
to issuance of building permits. The property owner of 10056 Orange Avenue
shall also sign this easement agreement.
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11. RECIPROCAL PARKING AND PEDESTRIAN EASEMENT
' The applicant shall record a reciprocal parking easement and a pedestrian
easement among the three properties in this project subject to the approval of the
City Attorney prior to issuance of building permits.
12. PARKING SIGN
Parking signs shall be installed at each of the spaces designated for office use
clearly identifying them as such, subject to the approval of the Traffic
Engineering Department.
13. TREE PROTECTION
The applicant shall record a covenant running with the land subject to the
approval of staff to protect the following trees:
■ One Deodar Cedar located on lot 3
■ Five oak trees located on lot 1 (Three to the rear of the lot and two in the
front)
In the event that any of the protected trees must be removed during the
construction process due to reasons deemed appropriate by the Director of
Community Development, then comparable diameter replacement tree(s) or field
grown tree(s) shall be planted at the same location or at locations visible to the
public at the discretion of the Director.
14. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $50,000 to
ensure protection of One Deodar Cedar tree and 5 oak trees on the site prior to
issuance of grading, demolition or building permits. The bond shall be returned
i after completion of construction, subject to a letter from the City arborist
indicating that the trees are in good condition.
15. 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
Resolution 6412 ASA-2006-11 August 22, 2006
Page 4
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 DEPT.
16. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications as required by the City Engineer.
17. 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.
18. 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.
19. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company
and Santa Clara County Fire.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City as required.
21. 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.
22. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. 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.
*Pre and Post storm drain calculations are required
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City and Santa Clara County Fire, as needed.
24. UNDERGROUND UTILITIES
Resolution 6412 ASA-2006-11 August 22, 2006
Page 5
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.
25. 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
$2,785.00 min.
b. Grading Permit: $6% of Site Improvement Cost or $2,060.00
min.
c. Development Maintenance Deposit: $3,000.00
d. Storm Drainage Fee: $428.05
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: $31,500.00
h.Street Tree By Developer
**Based on the latest effective PG&E rate schedule approved by the Public Utility
Commission (P.U.C.)
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor&Material Bond: 100% of Off-site and On-site Irnprovement
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.
26. 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.
27. DEDICATION OF WATERLINES
The developer shall reach an agreement with San Jose Water for water service to
the subject development.
28. BEST MANAGEMENT PRACTICES
Resolution 6412 ASA-2006-11 August 22, 2006
Page 6
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. Erosion
and or sediment control�lan shall be �rovided.
29. RECIPROCAL PARKING EASEMENT
The property owner must submit a signed agreement approved by the City,
which sets aside a reciprocal parking easement as determined by the Planning
Department.
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
--�..� t,t c.t C�l
Ralph Qualls,Director of Public Works
City Engineer CA License 22046
PASSED AND ADOI'TED this 22nd day of August 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, Chien, Saadati
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Giefer, Wong
ATTEST: APPROVED:
6
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, ' �.
Steve iasec ' Mar ' r, Chair
Director of Community Development Planning ommission
G:�Planning�PDREPORT�RES�2006�ASA-2006-11 res.doc