Reso 306230-U-87
CITY OF CUPERTINO
10430 S. De Anza Boulevard
Cupertino, California 95014
RESOUMON NO. 3062
OF THE PLANNING CCt MWION OF THE CITY OF CUPERMIO
RECCtOMMING APPFDVAL OF A USE PEF44IT TO OONSTRUtT
EIGHT SINGLE-FAMILY DETACHED HU1 S AND R=UN
ONE EXISTING H31E
SECPION I• FINDINGS
WHEETM, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHERFAS, the applicant has met the burden of proof required to support
said application.; and
WHEREAS, the Planning Commission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) That the property involved is adequate in size and shape to
acccu¢mdate the proposed use.
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and inprovements in the neighborhood.
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 subconclusiors upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 30-U-87 as set forth in the Minutes of the Planning
Commission Meeting of July 13, 1987, and are incorporated by reference as
though fully set forth herein. =
RESOLUTION 110. 3062 (30-U-87) 7/13/87
PAGE-2-
II) PROJECT DATA
Application No(s) 30-U-87 and 33-FA-87
Applicant: Debtor Corporation
Property Owner: Same
Location: West side of Blaney Avenue, 200 ft. south of
Rodrigues Avenue
III) CONDITIONS A -11NISTERED BY THE PUBLIC WORKS DEPAKIIgNP
1. STREET WIDENING
street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2. CURB AND GUITE R IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STREET LIQMWN INSTAIZATION
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 maxim= height permitted
by the zone in which the site is located.
4. FIRE HYCfftANT
Fire hydrants shall be located as required by the City.
5. TRAFFIC SIGNS
Traffic control •signs shall be placed at locations specified by the
City.
6. 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 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with ordinance 125.
RESOLL 011 110. 3062 (30-U-87) 7/13/87
PAGE - 3 -
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in the R-1, R-2
and R-3 zones unless storm drain facilities are deemed necessary by
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.
1.1� 7�:•d:•� hP IM��4M�a�.
The developer shall couply 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 undexgrou d 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.
1 � � 71 • • la • er qa ty
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 undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
11. TRAIISRORMERS
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.
12. DEDICATION OF WATER LSNFS
The developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach an agreement
with the appropriate water service caqaany for water service to the
subject development.
13. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire lane easements
on the final map.
14. SEPrIC TANK
The main structure on Lot 9 shall be connected to the Cupertino
Sanitary District's lines and the existing septic tanks shall be
removed subject to the requirements of the Public Works Department.
RES0LL 011 110. 3062 (30-U-87) 7/13/87
PAGE -4-
15. ABANDOt1ED WATER WELLS
The property owner shall seal abandoned or unused water wells if the
City, after consultation with the Santa Clara Valley Water District,
determines that said abandoned or unused water wells have a potential
to contaminate the water supply.
IV) CONDITIONS AQ+QNISMED BY TEJE PLANNING DEPAKIr�7P
16. APPROVED EXiiIBTIS
The recc=erilation of approval is based on Exhibit A of Application
30-U-87, except as may be amended by the Conditions contained in this
Resolution.
17. OFF STREET PAR LNG
Four (4) off street parking spaces shall be provided on parcels 4, 6,
7, and 8 to coppensate for the lack of public street parking. The
four (4) parking spaces shall be provided in addition to two (2)
enclosed garage spaces per unit. Parking shall be permitted on both
sides of the 30 ft. wide section of the private street.
18. PRIVATE DRIVEWAY OOVENANT
The applicant shall record an appropriate deed restriction and
covenant running with the land for all parcels which share a ca=ion
driveway or private roadway with one or more other parcels as depicted
on Exhibit A of this application, including the three properties west
of the subdivision. Said deed restriction shall provide for necessary
reciprocal ingress/egress easements to and from the affected parcels.
Said easements shall be recorded at such time as interest in one or
more of the affected parcels is initially sold or transferred to
another party.
• � • � r• �.�Ya�r• � • n: aavia��
A reciprocal maintenance agreement shall be required for all parcels
which share a oamnon private drive or private roadway with one or more
other parcels within the tract. Said agreement shall be recorded in
conjunction with recordation of the final map, and shall be subject to
prior approval as to form and content by the City Attorney.
20. MODIFICATION OF APPROVED DEVELOPMEN1 PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
RF-10LLA'ION 110. 3062 (30-U-87) 7/13/87
PAGE-5-
If the Director finis that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City ordinanoe No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said charges by the
planning Commission.
21. PRIMATE STREETS
All applicable subsections of Section 13.5 of the R1C Ordinance
(ordinance No. 664) shall apply to the subject development.
22. SOIAR
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices.
installation of said devices is optional.
23. PEDESTRIAN EASEMENT
Pedestrian easements over the private sidewalk area shall be prepared
by the developer, approved by the City Attorney and recorded against
the subject property prior to issuance of building permits.
24. BUILDING SETBACKS AND HEIGHT
Setbacks for principal structures shall be per the setback notations
described on Exhibit A.
All other provisions of the zoning ordinance applicable to
single-family hares which are not in oonflict with the setback
notations shown on Exhibit A shall apply to all principal structures,
accessory buildings, fences, decks, and permitted uses. Setbacks
shall be measured from the private street/sidewalk easement for those
lots adjoining said easement.
The above is subject to the interpretation of the Planning Director
where conflicts or ambiguities result.
25. BUIIAING DESIGN
Design review by the Architectural and Site Approval Committee for
individual dwellings is not required.
RESOLUTION NO. 3062 (30-U-87) 7/13/87
PAGE - 6 -
411 26. LOT 9
Any future additions to the existing structures on Lot 9 shall be
subject to the requirements of the R1 Ordinance. Setbacks along the
south property line shall be measured from the sidewalk easement.
The applicant shall install two open driveway spaces measuring 18'x18'
and a curb cut on Lot 9.
27. SANTA CLARA VALLEY WATER DISTRICT
The applicant shall regrade the bank near the culvert shown on Exhibit
A to level the District's access road and provide a fence along the
site's south property line, subject to the approval of the Planning
Department.
28. STREET WIDTH
The 20 ft. portion of the private street shall be modified to a
minimum 24 ft. width and on-street parking shall be provided on one
side of the street. Variations from these requirements are subject to
staff approval.
Parking shall be provided on both sides of the 30 ft. portion of the
• street. The transition from a 30 ft. to 24 ft. street section shall
"neck" on one side to clearly identify the point where parking on that
side of the street ends.
PASSED AND ADOPTED this 13th day of July, 1987 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: COMNIISSIONERS: Claudy, Szabo, and Chairman Mackenzie
NOBS: COMMISSIONERS: None
ABSTAIN: COMMIISSIONERS: None
ABSENT: COMNIISSIONERS: Adams, Sorensen
ATTEST: APPROVED:
V-1LA- (-tWOWN
Robert Cowan Donald Mack ie, irman
Director of Planning Cupertino Planning 'ssion
RES30U87(MARK)
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