Reso 306931-U-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RESOLUTION NO. 3069
OF THE PLANNING OMMSSION OF THE CITY OF CUPERTINO
REOCHMENDING APPROVAL OF A USE PERMIT
TO CONSnUCr A SINGLE FAMILY HOME ON AN EXISTING LOT
OF RECORD IN A PLANNED DEVELOPMENT ZONE
SECTION I• FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for Amendment of an existing Use Permit, as described on Page
2 of this Resolution, and
WHEREAS, 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
acccatmcdate 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 improvements in the neighborhood.
NOW, ARE, 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 reccamwrded for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusicns upon which the findings and conditions specified
in this Resolution are based upon, and contained in the Public Hearing
record concerning Application 31-U-87 as set forth in the Minutes of the
Planning Ccamnissicm Meeting of August 10, 1987, and are incorporated by
reference as though fully set forth herein.
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RFsoLUrrorr NO. 3069 (31-U-87) 08/10/87
Page - 2 -
SECTION II• PROJECT DESCRIPTION
Application No(s) 317U787
Applicant: Creative Construction
property Owner: Saleem Shaikh
Location: Northern terminus of Riviera Road
arm =y —telV 100 ft. north of Scenic Circle
Parcel Area (Acs): ,32
USE PERMIT To construct a three story single-family dwelling on an
existing lot of record.
1. STREET WIDENIIIG
Street widening, imprvvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2. CURS AND GUTTER IMPFNJVII4FTTTS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards specified by the City
Engineer.
3. STREET LIGHTING INSTAI�ATION
Street lighting shall be installed 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 HYDRANT
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 M.
RESOLLIM011 110. 3069 (31-U-87) 08/10/87
Page - 3 -
a:: �.r• aal
Drainage shall be provided to the satisfaction of the City Engineer.
The developer shall obtain the City Engineer's approval of a drainage
plan which provides for the collection of water run-off on the subject
site to avoid potential erasion of the slope embankment area. .
The developer shall ccuply 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.
r . al • •YY�a� • n,S—aa la
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. DEDICATION OF DATER DIES
The developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach an agreement
with the City water utility for service to the subject development.
:.1•_•:�I�t• J:. 4�t: .171
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.
.• . • • . �� �t•la• r 1 . . a• • •art 1�
The recce mndaticn of approval is based on EKhibits A, B, B-1, B-2,
Info. 1-3 of Application 30-U-87, and Exhibit C of 13-U-82, except as
may be amended by the Conditions contained in this Resolution. -
14. APPROVED USE
The subject use permit authorizes construction and occupancy of one
(1) single family home not to exceed 3,000 sq. ft. in living area plus
600 sq. ft. of garage space, as indicated on the Exhibits approved
under Condition 13 of this Resolution.
RESOLUTION NO. 3069 (31-U-87) 08/10/87
Page - 4 -
41/ 15. SLOPE STABILIZATION
The developer shall retain a registered civil engineer to evaluate the
stability of the creek bank, and shall describe measures which will
ensure full stability and eliminate erosion. Implementation of the
engineer's suggestions shall be undertaken to the staff's
satisfaction.
16. TREE PROTECTION 1
All trees illustrated on the site plan to remain shall be fully
protected during construction in accordance with City Ordinance 778
and the specifications appearing under "General Notes" on Exhibit A.
17. FIRE ACCESS
The applicant shall provide a fire apparatus turn around area as
specified by the City. Said turn around area shall be reserved
permanently for emergency use by means of a covenant and easements to
be recorded on the developer's site subject to approval of he City
Attorney prior to issuance of building permits.
18. FORFE OF ACCESS
The property owner shall forfeit all rights of access to the
410 undedicated portion of Riviera Road.
19. INGRESS/EGRESS EASEMENTS
The property owner shall record a covenant providing for ingress and
egress easements from the northerly edge of the public right of way
for Riviera Road, over the fire turn around area, northwesterly to the
northerl property line to serve the property to the north. Said
ingress/egress easement shall be located outside the identified
floodplain area, and shall be at least 20 feet in width. The site
plan shall accommodate a driveway area free and clear of the fire turn
around area which shall have a minimum depth of 20 fe
et.eet. The building
footprint) may be shifted to accommodate this requirement, subject to
approval if the Director of Planning.
PASSED AND ADOPEED this 10th day of August, 1987 at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo and
Chairman Mackenzie
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATIEST: APPROVED:
411
Robert Cowan Do ck zie, irman
Director of Plnning Cupertino Planning ommission