Reso 6489 U-2007-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6489
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
USE PERMIT TO CONSTRUCT TWO SINGLE FAMILY RESIDENTIAL UNITS AT
10121 PASADENA AVE
SECTION I: PROTECT DESCRIPTION
Application No.: U-2007-08
Applicant (s): Jyan-Ping Lily Chang
Property Location: 10121 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-2007-08 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-2007-08, as set forth in the Minutes of the Planning Commission Meeting
of November 13, 2007 and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on plan sets for "Lot 1 10121 Pasadena Ave and Lot 2 10121
Pasadena Ave" stamped "Received October 29, 2007", consisting of six pages labeled
A1-A3 and A1-A#, except as amended by the Conditions contained in this
Resolution.
Resolution No. 6489 U-2007-08 November 13,2007
Page 2
2. DEVELOPMENT APPROVAL
Approval is granted to construct 2 units.
3. GREEN BUILDING
The applicant shall attain at a minimum 55 points from the Build It Green New
Residential Checklist. This shall be verified in a manner considered satisfactory by
the Chief Building Official prior to final occupancy.
4. DRIVEWAY ON LOT 2
The proposed driveway shall consist of pervious interlocking pavers or similar
semi-pervious materials on a pervious base on existing grade. The final design and
details shall be approved by the Planning Department prior to issuance of building
permits.
5. 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.
6. TREE REMOVAL
Approval is granted for the removal of one 9.5" coast live oak. The replacement for
this tree shall be one 36" box valley oak tree in the front yard of Lot 1, the location of
which is subject to the review and approval of the Director of Community
Development.
7. PROTECTED TREES
The relocated oak tree on the property on Lot 1 and the 30" Douglas Fir (#1) on the
front of lot 2 are considered protected trees. In the event that these trees die in the
future, they shall be replaced in accordance with the following list. The location of
the trees will be subject to the review and approval of the Director of Community
Development.
• Tree #10 - shall be replaced by one 36" box valley oak tree.
• Tree #1 - 30" Douglas fir tree shall be replaced by one 36" box valley oak tree.
8. 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.
Resolution No. 6489 U-2007-08 November 13,2007
Page 3
➢ 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
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.
9. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $15,000 to
ensure protection of 3 trees on the site prior to issuance of grading, demolition or
building permits. The bond shall be returned two years after transplantation of the
oaks, subject to a letter from the City's consulting arborist indicating that the trees
are in good condition.
10. 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
11. STREET WIDENING
Street widening and associated improvements shall be provided in accordance with
City Standards and specifications as required by the City Engineer.
12. 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.
13. STREET LIGHTING INSTALLATION
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.
Resolution No. 6489 U-2007-08 November 13, 2007
Page 4
14. 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.
15. 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
16. FIRE PROTECTION
Fire sprinklers and/or a fire hydrant shall be installed in any new construction to
the approval of the City and Santa Clara County Fire, as needed.
17. 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.
18. 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
$2,304.00 min.
b. Grading Permit: $ 6% of Site Improvement Cost or
$2,163.00 min.
c. Development Maintenance Deposit: $2,000.00
d. Storm Drainage Fee: $288.74
e. Power Cost: To be determined if required
f. Map Checking Fees: $3,515.00
g. Park Fees: $ 15,750.00
h. Street Tree By Developer
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.
Resolution No. 6489 U-2007-OS November 13, 2007
Page 5
-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.
19. 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.
20. 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.
21. 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
shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITI4NS
(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 ractic s
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Ralph Qualls, Director of Pu ic Works
City Engineer CA License 22046
PASSED AND ADOI'TED this 13th day of September 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Wong, Miller
Kaneda, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES : APPROVED•
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Steve Piasecki isa Giefer, C i perso ����
Director of Community Development Planni ommission �