Reso 6480 U-2007-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6480
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
USE PERMIT TO CONSTRUCT TWO SINGLE FAMILY RESIDENTIAL UNITS AT
10217 PASADENA AVE
SECTION I: PROTECT DESCRIPTION
Application No.: U-2007-05
Applicant (s): Terry Brown (Diana Hu)
Property Location: 10217 Pasadena Ave
SECTION II: 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 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, application no. U-2007-05 is hereby approved; 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 U-2007-05, as set forth in the Minutes of the Planning Commission Meeting
of August 14, 2007 and are incorporated by reference herein.
Resolution No. 6480 U-2007-05 August 14,2007
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on plan set "10217 Pasadena Ave, Cupertino, CA 95014" stamped
"Received August 7, 2007", consisting of 11 pages labeled 0.1, 2 of 12, 3 of 12,4 of 12,
5 of 12, 6 of 12, 7 of 12, 8 of 12, 9 of 12, 10 of 12, 11 of 12, except as amended by the
Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct 2 units.
3. CORRECTION TO SITE PLAN
The Site Plan shall be corrected to reflect that Residence 1 is the home on the north
lot and Residence 2 is the home on the south lot.
4. PRIVACY PROTECTION
The Privacy Protection Plan shall be revised to satisfy the requirements as outlined
by the Cupertino City Ordinance. Final Privacy Protection Plan shall be reviewed
and approved by the Director of Community Development prior to issuance of
building permits.
5. PROTECTED TREES
The two redwood trees, one 22" redwood and one 10" redwood, in the southwest
corner of the property shall be retained as protected trees.
6. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the trees to be retained. In addition, the
following measures shall be added to the protection plan:
➢ For trees to be retained, chain link fencing and other root protection shall be
installed around the drip line of the tree prior to any project site work.
➢ No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
➢ No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the drip line
of the tree.
➢ Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
➢ Tree protection conditions shall be posted on the tree protection barriers.
➢ Retained trees shall be watered to maintain them in good health.
➢ A covenant on the property shall be recorded that identifies all the protected
trees,prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
Resolution No. 6480 U-2007-05 August 14,2007
Page 3
inspect the trees to be retained and shall provide reviews prior to issuance of
demolition, grading or building permits. A report ascertaining the good health of
the trees mentioned above shall be provided prior to issuance of final occupancy.
7. FRONT YARD TREE
One tree shall be planted on each homes front yard.
8. 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
9. OFF SITE IMPROVEMENTS
Curbs and gutters, sidewalks, streetlights, street widening and related structures
shall be installed in accordance with grades and standards as specified by the City
Engineer.
If street lighting is required, 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.
10. 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.
11. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
�'Pre and Post-development calculations must be provided.
12. 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. Ordinance No. 331 requires all overhead lines to be
under�ound whether the lines are new or existin�. The developer shall submit
Resolution No. 6480 U-2007-05 August 14,2007
Page 4
detailed plans showing utility underground provisions. Said plans shall be subject
to prior approval of the affected Utility provider and the City Engineer.
13. 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. Grading Permit Fee: $6%of On Site Improvement Costs or
$2,163.00 minimum
b. Checking and Inspection Fee: $5%of Off Site Improvement Costs or
$2,304.00 minimum
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $369.59
e. Power Cost: To be Determined **
f. Map Checking Fees: $3,515.00
g. Park Fees: $N/A
Bonds (Required):
a. On-Site Improvements Bond: 100%Performance Bond
b. Off-Site Improvements Bond: 100%Performance Bond; 100%Labor/Material Bond
-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.
'�* Developer is required for one-year power cost for streetlights
14. UTILITY LETTER
The applicant must obtain a will serve letter from each utility company (PG&E,
California Water, Cupertino Sanitary District, SBC), Santa Clara County Fire and
City of Cupertino prior to parcel map recordation.
15. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
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 u�
Ralph Qualls,Director of Public s
City Engineer CA License 22046
Resolution No. 6480 U-2007-05 August 14,2007
Page 5
PASSED AND ADOPTED this 14th day of August 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Miller, Wong
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Chien, Kaneda
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ATTE T: APPROVED: ,..--�'�"���~
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Ste e Piasecki _Lis�a efer, C, 'rpe}�on �
Director of Community Development Planning ommission
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